On the cusp of its historic election ruling, CJ Roberts is staring down a bizarro SCOTUS legitimacy crisis. (1/4)
The left is the side that’s been increasingly doubting the court’s legitimacy, but if/when the TX case gets dismissed, the right—80% of whom think Biden somehow stole the election—may be irate. (2/4)
This makes it imperative for Roberts to forge a unanimous consensus for whatever tack the court takes. (3/4)
If he does, Roberts could go a long way toward removing the shadow under which SCOTUS has done business since the divided & divisive Bush v. Gore 20 years ago. (4/4)
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There are three emergency religious challenges to COVID public-health orders pending at SCOTUS: out of New Jersey, Kentucky and Colorado. A few thoughts on where they may be going.
Remember: Court sided with religious challengers in the New York cases on eve of Thanksgiving (lifting 10-person attendance restrictions at houses of worship in red zones) & on that basis sent California challenge to ban on indoor worship back to the lower court for another look.
Colorado was just filed, but briefing is complete in the NJ and KY cases and orders could come at any time.
Interesting that NJ hasn't come down yet, as reply brief was filed 5 days ago. SCOTUS acted on the CA request less than two days after briefing was complete.
NEW at SCOTUS: Donald Trump has filed a brief intervening in Texas v. Pennsylvania, the lawsuit urging SCOTUS to scrap election results in Pennsylvania, Wisconsin, Michigan and Georgia
On the opening page, Trump says it is "no surprise" that "nearly half of the country believes the election was stolen" — since he won Florida and Ohio.
The document appears to be a brief-length version of the president's Twitter account.
In the self-imploding challenge to the Pennsylvania election results pending at SCOTUS, 23 House Republicans file an amicus brief with this puzzling closing.
Yes, "stitch" is misspelled. And beats me what the "many more" things to be "saved down the road"...are.
NEW: Trump election challenge now at SCOTUS. Pennsylvania state representative challenges election results in his state, saying it was illegal for state legislature to expand mail-in voting late last year.