Posted on 12/06/2020 8:48:32 AM PST by weston
https://www.supremecourt.gov/opinions/19pdf/150orig_3e04.pdf
Cite as: 589 U. S. ____ (2020) 1
THOMAS, J., dissenting
SUPREME COURT OF THE UNITED STATES
ARIZONA v. CALIFORNIA
ON MOTION FOR LEAVE TO FILE A BILL OF COMPLAINT
No. 150, Orig. Decided February 24, 2020
Cite as: 589 U. S. ____ (2020) 1
THOMAS, J., dissenting
SUPREME COURT OF THE UNITED STATES
ARIZONA v. CALIFORNIA
ON MOTION FOR LEAVE TO FILE A BILL OF COMPLAINT
No. 150, Orig. Decided February 24, 2020
The motion for leave to file a bill of complaint is denied.
JUSTICE THOMAS, with whom JUSTICE ALITO joins, dissenting from denial of motion for leave to file complaint.
Today the Court denies Arizona leave to file a complaint
against California. Although we have discretion to decline
review in other kinds of cases, see 28 U. S. C. §§1254(1),
1257(a), we likely do not have discretion to decline review
in cases within our original jurisdiction that arise between
two or more States.
The Constitution establishes our original jurisdiction in
mandatory terms. Article III states that, “[i]n all Cases . . .
in which a State shall be [a] Party, the supreme Court shall
have original Jurisdiction.” §2, cl. 2 (emphasis added). In
this circumstance, “[w]e have no more right to decline the
exercise of jurisdiction which is given, than to usurp that
which is not given.” Cohens v. Virginia, 6 Wheat. 264, 404
(1821) (Marshall, C. J., for the Court).
Our original jurisdiction in suits between two States is
also “exclusive.” §1251(a). As I have previously explained,
“[i]f this Court does not exercise jurisdiction over a controversy between two States, then the complaining State has
no judicial forum in which to seek relief.” Nebraska v. Colorado, 577 U. S. ___, ___ (2016) (opinion dissenting from denial of motion for leave to file complaint) (slip op., at 2).
Denying leave to file in a case between two or more States
is thus not only textually suspect, but also inequitable.
The Court has provided scant justification for reading
“shall” to mean “may.” It has invoked its “increasing duties
with the appellate docket,” Arizona v. New Mexico, 425
2 ARIZONA v. CALIFORNIA
THOMAS, J., dissenting
U. S. 794, 797 (1976) (per curiam) (internal quotation
marks omitted), and its “structur[e] . . . as an appellate tribunal,” Ohio v. Wyandotte Chemicals Corp., 401 U. S. 493,
498 (1971). But the Court has failed to provide any analysis
of the Constitution’s text to justify our discretionary
approach.
Although I have applied this Court’s precedents in the
past, see Wyoming v. Oklahoma, 502 U. S. 437, 474, n.
(1992) (dissenting opinion), I have since come to question
those decisions, see Nebraska, supra, at ___ (dissenting
opinion) (slip op., at 3). Arizona invites us to reconsider our
discretionary approach, and I would do so. I respect
What is left in the SC docket?
Courts thus far seem to have let fear and/or politics deny the American people the fair adjudication of the core issue that the battleground states broke laws on mail-in ballots and that this law-breaking led to Joe Biden's purported victory. @RealDonaldTrump @JudicialWatch— Tom Fitton (@TomFitton) December 11, 2020
Maybe Lin Wood will save the country.
Yep. If a GA voter has no standing, what is left?
I am stunned.
Tom Fitton says it succinctly.
I was just wondering the same thing. Are we done? Is cheating now the law of the land in the USA? I'm thinking Lance Armstrong has a solid case to demand restitution. And why are people serving time for cheating on SATs? Does the SC no longer adjudicate matters between states? I presume states are now free to impose tariffs on fellow states they disagree with, since there's no controlling legal authority any more? Just wondering.
I am clearly both frustrated and clueless.
We have been betrayed by the Supreme Court.
There is still the PA case.
We will be disappointed once again on January 6th, because with this ruling, not one GOP Senator will contest the electoral college results.
The military option will be the only one left, in the two weeks between Jan. 6th and January 20th.
The courts have failed us.
The state legislatures have failed us.
And now the Supreme Court failed us.
Congress remains, but they will not their job, as they never have during my lifetime.
If Trump does not impose martial law and present the evidence of the cheating by Dominion and foreign powers to the world, then Biden becomes President.
And then the second civil war will be upon us.
We accepted the fraud of Obama for eight long years.
We will not accept the Biden/Harris fraud.
That is a bridge too far.
We will have to install new guards for our liberty.
Andy maybe Wood’s case that got docketed today. We’ll see.
If they had accepted the Texas as standing then it would place child against child. - civil war
1 president has standing
2 EO 2018 is in place with report coming from DNI on the 18th
3 We have the names and countries of the actual guilty parties
4 President conferences @ 4:00 last Friday give them the heads up
5 Those in US supporting these countries will be judged in a military tribunal for treason.
Greg Kelly
@gregkellyusa
·
19m
The PENNSYLVANIA CASE is still alive (Mike Kelly/Sean Parnell Vs the Commonwealth of Pennsylvania) Georgia is unsettled. Michigan lawsuits not over. NOT OVER
SCOTUS Denies Texas
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.
https://freerepublic.com/focus/f-news/3914621/posts
LOL, save it.
The Georgia Trump Legal Team just filed an emergency petition with the Supreme Court of Georgia.
https://drive.google.com/file/d/1EMA5VRJSoUUzlwgs4iPRi5Me4JsvpWwZ/view
I posted, on another thread, that only Dominion has standing, in this country, it appears.
:...(
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