by Sharon Rondeau
(Dec. 11, 2020) — At 10:08 p.m. ET, Hartford, CT’s Fox 61 erroneously reported that the U.S. Supreme Court’s declination to hear the Bill of Complaint in Texas v. Pennsylvania, et al contained “no dissents.”
Texas’s Bill, filed with the court late Monday night, objected to the manner in which Pennsylvania and three other states operated their elections and therefore claimed disenfranchisement of Texas’s and all legal voters in the November 3, election.
Easily visible in the court’s brief order denying Texas’s “motion for leave to file a bill of complaint” is the statement:
Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.
As with many other “news” outlets, Fox 61 characterized the purpose of the lawsuit as an attempt to “overturn the election” and concluded that President Trump now has no possibility of success in that effort.
On January 6, Congress must approve the electoral votes expected to be cast in the Electoral College on December 14 in the 50 respective state capitals. On Wednesday evening, Trump 2020 campaign senior aide Jason Miller reported that several states intend to send “multiple slates of electors” to the Electoral College.
Should members of Congress have objections to the electoral votes cast, they must file them in writing prior to January 6, when a joint session mandated by law is scheduled to take place. As then-Vice President Richard Cheney failed to do in 2009 when Barack Hussein Obama ascended to the White House, the vice president is obligated by federal law (p. 9) to ask if any members have objections.
The Texas lawsuit had sought to “enjoin the use of unlawful election results without review and ratification by the Defendant States’ legislatures and remand to the Defendant States’ respective legislatures to appoint Presidential Electors in a manner consistent with the Electors Clause and pursuant to 3 U.S.C. § 2.”