Regarding the Supreme Court’s politically correct (institutionally indoctrinated?, deep state?) imo argument of “no standing” for Texas challenging the integrity of another state’s electoral votes, Justice Joseph Story had made it clear that there are no restrictions (my words) on what the states can appeal to the Supremes for under Article III, Section 2, Clause 1.
§ 1674. "Under the confederation, authority was given to the national government, to hear and determine, (in the manner pointed out in the article,) in the last resort, on appeal, all disputes and differences between two or more states concerning boundary, jurisdiction, or any other cause whatsoever [!!! emphases added]. Before the adoption of this instrument, as well as afterwards, very irritating and vexatious controveries existed between several of the states, in respect to soil, jurisdiction, and boundary; and threatened the most serious public mischiefs. Some of these controversies were heard and determined by the court of commissioners, appointed by congress. But, notwithstanding these adjudications, the conflict was maintained in some cases, until after the establishment of the present constitution." —Justice Joseph Story, Article 3, Section 2, Clause 1, Commentaries on the Constitution 3, 1833, The University of Chicago Press§ 1675. "Before the revolution, controversies between the colonies, concerning the extent of their rights of soil, territory, jurisdiction, and boundary, under their respective charters, were heard and determined before the king in council, who exercised original jurisdiction therein, upon the principles of feudal sovereignty. This jurisdiction was often practically asserted, as in the case of the dispute between Massachusetts and New Hampshire, decided by the privy council, in 1679; and in the case of the dispute between New Hampshire and New York, in 1764. Lord Hardwicke recognised this appellate jurisdiction in the most deliberate manner, in the great case of Penn v. Lord Baltimore. The same necessity, which gave rise to it in our colonial state, must continue to operate through all future time [!!! emphasis added]. Some tribunal, exercising such authority, is essential to prevent an appeal to the sword, and a dissolution of the government. That it ought to be established under the national, rather than under the state, government; or, to speak more properly, that it can be safely established under the former only, would seem to be a position self-evident, and requiring no reasoning to support it. It may justly be presumed, that under the national government in all controversies of this sort, the decision will be impartially made according to the principles of justice; and all the usual and most effectual precautions are taken to secure this impartiality, by confiding it to the highest judicial tribunal." —Justice Joseph Story, Article 3, Section 2, Clause 1, Commentaries on the Constitution 3,1833, The University of Chicago Press.
The only standing that conflicted states need to argue their case before the Supremes is that they’re states imo.
Corrections, insights welcome.
SCOTUS did the same side-step on the fake pro forma sessions that effectively gut POTUS recess appointment power. SCOTUS just says "they are in session if the say they are, even if they are not." Not in their purview, portfolio.
I'm not of a mind that this is a healthy or correct view in either case, just pointing out that there are sufficient points on both sides of any issue, that any court can take any outcome it wants to.