[CA Conservative]

We have to remember there is no guarantee they will hear this case at all. SCOTUS has exclusive original jurisdiction in State vs. State complaints, but that does not mean they will accept it. They could simply, with one sentence, deny Texas leave to file.

Technically true, but Thomas and Alito have both argued in previous cases that SCOTUS is required to accept cases of original jurisdiction for the simple reason that there is no other court the states can go to when they have a dispute against another state. I think you would easily have ACB and probably Gorsuch with the same viewpoint. Depending upon whether 4 votes or 5 are required to accept the case, Kavanaugh would be the wild card.

[tarpit]

I agree. I am pretty sure they need 5 to accept.