Nonlegal factors that SCOTUS justices might have to consider in deliberating Texas's lawsuit

American Thinker ^ | 10 Dec, 2020 | Thomas Lifson

[MtnClimber]

Do you think the Democrats regret talking about packing the Supreme Court?

A lot of people were shocked when the Supreme Court agreed to hear the lawsuit by the State of Texas against Georgia, Michigan, Wisconsin, and Pennsylvania for allegedly exploiting "the COVID-19 pandemic to justify ignoring federal and state election laws and unlawfully enacting last-minute changes, thus skewing the results of the 2020 General Election." According to media reports, Louisiana and Alabama A.G.s, and possibly six other states, have expressed interest in joining Texas in the lawsuit.

Many legal scholars dismiss the chances of success for the lawsuit, and even sympathetic observers such as John Hinderaker of Powerline term the suit a "Hail Mary" move, even though it is "plausible from a legal standpoint," because "the likelihood that the Supreme Court will seriously entertain the idea of overturning the apparent result of the election is far-fetched."

I am not a lawyer and will leave to others far more qualified than I to debate the intricacies of constitutional jurisprudence. My concern here is the other factors that may well weigh on the minds of the nine justices of the Supreme Court.

It's been more than a century since the words "[t]he Supreme Court follows the election returns" entered the nation's consciousness, meaning that it is naïve to believe that the Court acts solely on the basis of legal reasoning and precedent. I am looking at the case from the standpoint of the Supreme Court as a political body, one that cloaks its actions in the veneer of legal reasoning but that ultimately is well aware of the political background and consequences of its actions.

[SIDENET]

Good to know we have some patriots here on FR - some of the folks here make one wonder.

I know what you mean.

For now, I'm keeping my powder dry, my eyes and ears open, and I'm topping off my preps.

I saw that you were a 24-year Air Force veteran. I did 20 in the USAF myself. Retired a few years ago. Take care.

[milagro]

Just now saw your response to my post.
So here’s wishing YOU and YOURS
a Merry CHRISTMAS and BLESSED New Year:)!

[tbw2]

Agreed

[trebb]

I retired from uniform in ‘98.
I guess we need our own meme - maybe “Semper Give ‘Em The Gun”
Powder dry, weapons clean and ready and in mood to practice what the Founders wanted us armed for.

God Bless