If you're a Supreme Court Justice, do you want to get rid of the Texas case without any comment or do you want to say something about this strange creature that has appeared before you?
My own instinct would be to get rid of it without comment, except I would worry that this is rewarding a political strategy you're likely to see again. (If a state AG can file crazy lawsuits for the base, being news story #1, and face no pushback, this will def happen again.)
Although it's fun to ponder the suits that might come in future years if the Court just quietly says no. Will Texas sue Delaware for not criminally prosecuting Hunter Biden for being a Chinese spy? The possibilities are endless.
I can imagine a person running for state AG in some states largely on a Supreme Court original juridiction platform: They'll promise to sue the liberal states directly in the Supreme Court for harboring antifa, violating the 1st Am by allowing cancel culture, etc. Fun times.
On the other hand, there’s something to be said for waiting until next time, when it’s a lower profile case, especially if you can’t get a unanimous or near-unanimous statement now. Not an easy problem.
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