Thomas and Alito dissented only on the lack of standing issue, but made it clear that they would have ruled against Texas, et. al.
Mark Joseph Stern
@mjs_DC
To explain the statement by Alito and Thomas: This is totally separate from the merits. They think the Supreme Court is required to hear suits between states, so they think they can’t just deny the filing. But they also clearly say they would NOT grant relief to Paxton et al.
I posted this tweet earlier,
To explain the statement by Alito and Thomas: This is totally separate from the merits. They think the Supreme Court is required to hear suits between states, so they think they can’t just deny the filing. But they also clearly say they would NOT grant relief to Paxton et al.
But I just heard Rudy, on Hannity, give a different take on Alito and Thomas’s dissent. It sounds like this guy Mark Joseph Stern’s interpretation may have been incorrect.
In the dissent, Alito, joined by Thomas said that, though he believes the court has an obligation to take the case, he would “not grand other relief”. Rudy explained that this phrase is not referring to any judgement one way or another about the merits of the case, but merely addresses the plaintiff’s request for preliminary relief.