UPDATE – Canadian Attorney Viva Frei and famed litigator Robert Barnes explain how courts have deliberately dodged the merits of what has happened and used “standing” as a bogus dodge to avoid hearing the merits –
Let’s start with this:
According to this farce of a Supreme Court, Article II Section 1, as a matter of applied law, no longer exists –
“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress”
To deny standing for all of the states and parties who sued, even members of the legislatures who are in the states being sued asked to join the suit, is a step beyond reason. The Constitution is crystal clear that if there is a dispute between the states the Supreme Court is the court of original jurisdiction which means the Supreme Court is where it is heard, which means the states have standing…..this truth has been taught in every law class going back to eighth grade civics. Seven “Justices” did not have the courage to judge the case on the merits because they knew on the merits the Texas suit was not rationally disputable. Justices Alito and Thomas dissented.
In Massachusetts v. EPA, the State of Massachusetts sued other states over their carbon regulations because “global warming affects us all” and the Court said that had standing….because ANY dispute among the states must be handled by the Supreme Court. The only way a state has no standing in Presidential elections is if the President has zero impact on anything for/to the state.
The Constitution is a contract between the states and the government to the people. If I don’t have standing to guarantee that the laws are being enforced, what good is the Constitution to me?
Republicans must NEVER nominate another judge from “big academia” or The Federalist Society ever again.