Thomas and Alito did not know. They both said they'd have taken the case and then denied it. They didn't even feel the need to actually hear the case before deciding to grant no relief. They just didn't think SCOTUS had the power to not take the case.
It was 9-0 against saving the country. I like Thomas, but he cucked only slightly less than the rest on that case.
That's not what they said. Thomas and Alito said in full:
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. 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.
Here Alito is saying, we don't have the power to refuse to take original jurisdiction cases. We must take it. However, I would not grant any relief at this time if we did take the case. I've seen some people say they wanted to hear the case first and weren't deciding the merits here. That may be true in the strict sense, but looking more carefully its clear they did not think Texas could win.
That is because Texas' petition was asking for preliminary injunctive relief (SCOTUS to order the election halted). If the case was taken up by SCOTUS they would have needed to also rule at that time on Texas' motion for an injunction. One of the things you need to show to win an injunction is a likelihood to prevail on the merits. Alito and Thomas said even fi they took the case they wouldn't have granted any relief. That means they would have denied the injunction, which is a strong signal they do not think Texas has a likelihood to prevail on the merits.
This is exactly what they were hoping. Fools. Thomas and Alito knew. We would have been better off with RBG.
Thomas and Alito did not know. They both said they'd have taken the case and then denied it. They didn't even feel the need to actually hear the case before deciding to grant no relief. They just didn't think SCOTUS had the power to not take the case.
It was 9-0 against saving the country. I like Thomas, but he cucked only slightly less than the rest on that case.
They weren't refusing to grant any relief -- they wanted to hear the case first.
That's not what they said. Thomas and Alito said in full:
Here Alito is saying, we don't have the power to refuse to take original jurisdiction cases. We must take it. However, I would not grant any relief at this time if we did take the case. I've seen some people say they wanted to hear the case first and weren't deciding the merits here. That may be true in the strict sense, but looking more carefully its clear they did not think Texas could win.
That is because Texas' petition was asking for preliminary injunctive relief (SCOTUS to order the election halted). If the case was taken up by SCOTUS they would have needed to also rule at that time on Texas' motion for an injunction. One of the things you need to show to win an injunction is a likelihood to prevail on the merits. Alito and Thomas said even fi they took the case they wouldn't have granted any relief. That means they would have denied the injunction, which is a strong signal they do not think Texas has a likelihood to prevail on the merits.