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Where is the Judicial Statesmanship?

On Friday evening, December 11, the Supreme Court dismissed the lawsuit brought by Texas and other states challenging the results of the presidential election in other states.  As expected, the Supreme Court declined to hear the case. Consistent with their views in other cases seeking original jurisdiction, Justices Alito and Thomas indicated that they would have allowed the case to be filed but would grant no other relief.  This is a major rebuke to Donald Trump and to the Republican Party. However, journalists will need to explain to the American people that the Supreme Court was unanimous in thinking that Texas had no basis to bring this lawsuit.    At a moment of constitutional crisis, the Court itself should have stepped up and explained in more detail exactly why it was wrong to bring this case.  It had the power to do that and should have.  I had planned to write a short piece explaining why, but Tom Goldstein already has done this well over at Scotusblog in a great editorial.

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