My understanding, based on Jenna Ellis, is that the PA case has not been denied certiorari, Alito merely denied emergency relief. That is, it isn’t dead yet.
I would not expect SCOTUS to dismiss/refuse to hear the PA case based on the filing of the TX complaint.
I would not expect news today, but that’s just a gut instinct.
That's what I think too, but the texas lawsuit is basically arguing the same points Kelly is making with similar remedies right? I thought it would make more sense to just hear Texas before Kelly
Not sure what order they will hear them in (or if they will hear either), but the claims are different.
As I understand it, Kelly’s is largely based on state constitutional grounds, arguing that PA cannot alter mail-in ballot rules without a state constitutional process. This is probably false, as the Electors Clause (the focus of the TX suit) dictates that state legislatures have plenary power over the presidential election in their respective states. State constitutions cannot override this power. Of course, by the same rule, any body other than the state legislature could not modify the mail-in ballot rules without the legislature’s approval.
The TX lawsuit is Electors Clause/Equal Protection/Due Process based.
My understanding, based on Jenna Ellis, is that the PA case has not been denied certiorari, Alito merely denied emergency relief. That is, it isn’t dead yet.
I would not expect SCOTUS to dismiss/refuse to hear the PA case based on the filing of the TX complaint.
I would not expect news today, but that’s just a gut instinct.
That's what I think too, but the texas lawsuit is basically arguing the same points Kelly is making with similar remedies right? I thought it would make more sense to just hear Texas before Kelly
Not sure what order they will hear them in (or if they will hear either), but the claims are different.
As I understand it, Kelly’s is largely based on state constitutional grounds, arguing that PA cannot alter mail-in ballot rules without a state constitutional process. This is probably false, as the Electors Clause (the focus of the TX suit) dictates that state legislatures have plenary power over the presidential election in their respective states. State constitutions cannot override this power. Of course, by the same rule, any body other than the state legislature could not modify the mail-in ballot rules without the legislature’s approval.
The TX lawsuit is Electors Clause/Equal Protection/Due Process based.