(ORDER LIST: 592 U.S.)
FRIDAY, DECEMBER 11, 2020
ORDER IN PENDING CASE
155, ORIG. TEXAS V. PENNSYLVANIA, ET AL
The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.
Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.
See also: Understanding the Supreme Court’s decision in Texas’ election suit (by Retired Judge Kevin S. Burke, MINNPOST 2020-12-16)