December 12, 2020

After the Supreme Court denied a hearing for the Texas lawsuit that was backed by 17 other states and 126 Houses Republicans, Trump attorney Rudy Giuliani said it’s not over.

"The case wasn’t rejected on the merits; it was rejected on standing,” he said late Friday on NEWSMAX. And that is true.

Giuliani said the case can be brought to district court by the President and by some of the electors themselves, “alleging some of the same facts where there would be standing and therefore get a hearing.” Electors can argue that THEIR constitutional rights have been violated.

"Basically, the courts are saying they want to stay out of this and they don’t want to give us a hearing; they don’t want the American people to hear these facts," Rudy said. "I think that’s a terrible, terrible mistake. These facts will remain an open sore in our history unless they get resolved. They need to be heard, they need to be aired, and somebody needs to make a decision on whether they’re true or false. Some court’s going to have to have the courage to make that decision.”

This is a terrible mistake indeed, and I don’t have to tell you that Supreme Courts have been known to make them now and then. As Rudy said, this comes down to the issue of standing. Personally, it seems to me that Texas would have standing, as what other states do unconstitutionally to affect the outcome of a federal election will effectively disenfranchise them. The question of standing, of course, is a legal one with much precedent, and I am not a lawyer. But it makes sense to me; I thought this was a brilliant argument that nailed the problem with what several Democrat-run states did. Texas has been damaged. In fact, all Republican states have been damaged, as their power is diminished with a wrongly-elected Democrat Vice President breaking ties in the Senate.

It also seems to me that by refusing to at least hear this case, the justices are in effect saying that each state can do ANYTHING, violate the U.S. Constitution all it wants --- even if its unconstitutional rule changes result in widespread fraud. Sure, state officials, go ahead and violate your own state constitution in a way that changes the result of federal elections. Just because your state legislature doesn’t want to change the law doesn’t mean you can’t do it anyway. Why, you can keep “finding” and counting votes clear up to December 14 if it helps you get your desired outcome. Texas and all the other states will just have to live with the results of what you do.

The ruling from SCOTUS was terse: “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.”

See, I would consider Texas’s interest to be, to borrow a term from the Declaration of Independence, “self-evident.” So it comes down to whether their interest is “judicially cognizable.” Translation: “understandable by a judge.” I'm not a judge, but what’s to understand?

The vote was 7-2, with Justices Alito and Thomas saying they thought the case should be heard while expressing the lack of intention to supply any relief. (That is not “cognizable” to me; they decide this before hearing the case? Then why hear it?) Trump appointees Gorsuch, Barrett and Kavanaugh simply said no with the rest. But some legal actions remain.

Trump says he’ll keep fighting. “The Supreme Court let us down!” he tweeted. “No Wisdom, No Courage! So, you’re the President of the United States, and you just went through an election where you got more votes than any sitting President in history, by far --- and you purportedly lost...A Rigged Election, fight on!”

Lin Wood has appealed his Georgia case to the Supreme Court. But I wouldn’t be surprised if he had the same problem everybody has been having with “standing.”

Also, the Wisconsin Supreme Court has agreed to hear a case that deals with whether laws enacted by the state legislature were followed. Because the Electoral College is scheduled to meet December 14, they’re hearing it Saturday.

Of course, it doesn’t require a Supreme Court decision for state legislatures to remedy this mess themselves by appointing clean slates of electors, as a number of prominent conservatives and Republicans urged them to do in a letter. If the Electoral College meets on Monday, this would have to be done over the weekend.

There needs to be pressure, and lots of it, on state legislatures in Georgia, Pennsylvania, Wisconsin and Michigan to make this right. (If you live in one of these states, you know what to do.) Especially in Georgia, with its razor-thin margin, they KNOW the Biden-Harris win was the result of fraud in their states. There's just too much evidence in the form of sworn affidavits and wild statistical anomalies and impossibilities for them not to know this.

Trump senior legal adviser Jenna Ellis said that “this is a moral failure across three branches of government.” They have clear evidence that the executive branch changed the rules. Many state legislators “want to do the right thing,” she said. SCOTUS is not supposed to decline to hear a case of original jurisdiction (state vs. state), and that saying the states don’t have standing is “a ridiculous political posture.” She said that “regardless of the outcome here, we’re going to continue doing the right thing.” It’s worth it, she said, to fight on.

Allen West, chairman of the Texas GOP, released a statement in response to the Supreme Court’s rejection of his state’s lawsuit. He says pretty much what I did above: that in tossing this lawsuit, they “decreed that a state can take unconstitutional actions and violate its own election law, resulting in damaging effects on other states that abide by the law, while the guilty state suffers no consequences. This decision establishes a precedent that says states can violate the U.S. Constitution and not be held accountable. This decision will have far-reaching ramifications for the future of our constitutional republic."

He ends with this: "Perhaps law-abiding states should bond together and form a Union of states that will abide by the Constitution.”

Chairman Allen West's Response to SCOTUS Decision - Republican Party of Texas

Gulp. Our country truly is evolving into two distinct camps: one that cares about the law and one that doesn't, and the courts are allowing this to happen. Rudy is right: this is a terrible, terrible mistake. It has caused an open sore, as he says, one that will be getting salt rubbed in it by leftists in the coming months as they make more terrible, terrible mistakes.

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Comments 1-20 of 20

  • nancy fitz

    12/13/2020 03:46 PM

    From a source deep inside the US Supreme Court as they discussed the pending Texas lawsuit against Pennsylvania et. al. . . .

    "Hal, as you know I am a clerk for one of the Justices on SCOTUS. Today was like nothing we have ever seen. The justices are arguing loudly behind closed doors.

    The Justices met in a closed and sealed room, as is standard.

    Usually it is very calm, however today we could hear screaming all the way down the hall.

    They met in person, because they didn't trust telephonic meeting as secure.

    Chief Justice Roberts was screaming

    "Are you going to be responsible for the rioting if we hear this case?"

    "Don't tell me about Bush v. Gore, we weren't dealing with riots then"

    "You are forgetting what your role here is Neil, and I don't want to hear from the two junior justices anymore. I will tell you how you will vote."

    Justice Clarence Thomas says "This is the end of Democracy, John."

    When they left the room, Roberts, the Libs and Kavanugh had big smiles. Alito and Thomas were visibly upset. ACB and Gorsuch didn't seem fazed at all."



    12/12/2020 05:16 PM

    I agree totally. Every republican that has not stood up for President Trump should be primaried and voted out of office, I bet like the governor of Georgia, Kemp, follow the china money and them and their families are making millions at the expense of Our Freedom. Traitors all, Should be prosecuted and shot by firing squad. I am sick and tire of this double standard. One rule for the working class and all the elite, and government employee another standard. I am sick of the FBI, CIA, DOJ and all the hidden agencies not being held accountable for breaking the law. I want to see Hillary, the Clintons, Bidens, Obamas, and Soros involved in this swamp crap, treason against the USA in jail. This should include Comey, McCabe, and the entire lot that plotted the Russia crap against the most beloved and awesome president in history, Donald John Trump. He loves this country and can't be bought out by anyone or country, unlike every other person, politician, elite person that have so;d their souls to Satan for a dollar.

  • Philip Rusch

    12/12/2020 04:59 PM

    Ultimately, the GOP majority legislatures in the disputed states will need to appoint Trump electors regardless to settle the matter. To date, Team Trump has tried to give them some security in going rogue against the popular vote through the courts. Barring that, Trump's Executive Order from September 12, 2018 could not only give them that security but if prosecuted to it's fullest extent, do great damage to the George Soros and corporate media empires. If there was ever an "Ace-in-the-Hole," that EO from 2018 could be it.

  • ML Langer

    12/12/2020 04:46 PM

    With the concern over secession, I can only say that the left has already seceded in their hearts. It is they who seek a different constitution. The right seeks to preserve the one we have, and hold dear.

  • Nancy L Cooper

    12/12/2020 04:33 PM

    Something must be done with the Supreme Court when they dont want to do the right thing according to the law that us in effect.

  • Margaret Howard

    12/12/2020 03:25 PM

    I believe the states that want to be ruled bybthe constitution would be better off to succeed from the other states. I, for one, do not want to live by this liberal movement.

  • Pamela Brock

    12/12/2020 03:07 PM

    Don’t let the criminals take away , life, liberty and the pursuit of happiness We the People are begging

  • Tomas De Jesus Jr

    12/12/2020 01:06 PM

    One Law One Rule, One is Right and one is Wrong. Who is the Law in the U.S.A. GOD is the answer when our human common senses fail. GOD, BLESS THE U.S.A.

  • John DeShazo

    12/12/2020 12:26 PM

    Supreme Court should hear case to prevent fraud fraud from becoming common place in America !!

  • Amanda goodwin

    12/12/2020 11:33 AM

    We need to secede and we need to do it now the 17 law abiding states can form their own union and those moron libtards can have their own law breaking criminal filled states I’m tired of this shit

  • William Makela

    12/12/2020 09:33 AM

    Texas and other conservative states need to step up and ban abortion. When they are told it's unconstitutional they can say SO WHAT!!! It appears states don't need to fallow the constitution. The supreme court has put themselves in a trick bag.

  • Wess Adams

    12/12/2020 09:28 AM

    If our President is the “LAST TRUMP” (1Cor 15:52) and this election allows the Bill “Gates”
    (Matt 16:18) to unleash it’s Hellacious plans upon our world, make sure you keep oil in your lamp, your wicks trimmed, and get ready for the biggest Wedding ever. No decenters will be present.

  • Debra Kay Hancock

    12/12/2020 09:16 AM

    As an AMERICAN & a PROUD REPUBLICAN I literally feel that my vote that I stood in line two hours for just got canceled out..... Actually more like sneakily changed from a proud Republican vote to a CHEATING LYING dem vote. I will definitely still vote but in my head and heart I will never TRUST IN THE VOTING SYSTEM AGAIN... NEVER EVER. The entire world knows what happened and we are PISSED OFF and Beijing Biden is and will always be known as the the fake president that cheated his way in and big tech and fake news and dominion was his only way in and it DISGUSTING... EVERYONE IS GOING TO HATE HIM AND HIS LYING CORRUPT FAMILY... if you think Trump was hated by the people just you wait..... HE GAGS ME!

  • Robert Schneeman

    12/12/2020 09:08 AM

    If 19 states and 75 million voters don't have standing, who does?

  • John Freeman

    12/12/2020 09:03 AM

    If you do not uphold & defend the constitution of the United States or of your own state, then you should be removed from office.

    1776 stood for more than just something & the U.S. Civil War was a terrible price to pay for the indecision of two groups of states in regards to the future of our nation or the proposed & enacted southern succession.

    BUT failure of SCOTUS & other judicial state's courts to hear these cases; review the affidavits, video evidence, & statistical impossibilities evidence...such failure may signal no confidence measures & consequences that could be prevented by simply doing what everyone knows is needed to restore transparency & accountability.

  • Migdalia Chevere

    12/12/2020 08:55 AM

    I believe it was a grave mistake for the Supreme Court not to take this case. It a disgrace to our Constitution and our country. If states are not going to follow the constitution, then I agree with Texas those that do should bond together and form a Union of states that will follow the constitution set by our forefathers!!!

  • Alison Kennedy

    12/12/2020 08:47 AM

    SCOTUS is a disgrace. I don’t know how they can say there is not standing when the votes of he the country were disenfranchised by those who broke constitutional law!!! We don’t want to get involved is not goid enough. Then step down!!!

  • Jackie fritze

    12/12/2020 08:29 AM

    I am so ashamed and disillusioned by the ruling of the Supreme Court. I thought with conservative “ so called rule of “ law judges we would at least be heard. My vote in Michigan and otherscacross this country meant nothing . Those who have control of voting mma Hines decided this election

  • Dawn

    12/12/2020 08:21 AM

    Sorrowed beyond belief at the SCOTUS disgraceful and cowardly decision.

  • John A Suttles

    12/12/2020 08:16 AM

    Do the right thing!!!! Look at what is being done to American!!!