Thread by @CarolineMCorbin

Last night the Supreme Court rejected Republicans’ attempt to overturn the election results in 4 key states on the grounds that Texas had no standing

[Decision: buff.ly/3maa4EN]

What does standing mean?

Let me (a constitutional law prof) try to explain

#SCOTUS #Texas

Standing asks whether the party bringing the lawsuit even has the right to sue.

It basically requires that the plaintiffs have real injuries caused by defendants that can be addressed by the courts.

#Standing #SCOTUS #TexasLawSuit #Texas #TexasCase

Technically, standing has 3 requirements:

1.Injury in fact: A imminent or actual concrete injury that affects plaintiff in a way it doesn't affect everyone else

2.Causation: The injury has to be traceable to defendant

3.Redressability: The court must be able to fix the injury

Standing is required by the Constitution.

The Constitution gives fed courts the power to decide “cases & controversies.”

That is, fed courts cannot rule on just any legal question—there must be a live controversy bt adversarial parties w standing.

#SCOTUS #TexasLawSuit #Texas

A decision where the parties lacked standing would be an advisory opinion.

For federal courts to issue advisory opinions would exceed the power delegated to them & upset the balance of power among the three branches.

#SCOTUS #SupremeCourt #Texas #TexasCase #Standing

Why didn’t Texas have standing, according to the Supreme Court?

“Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”

#SCOTUS #SupremeCourt #Texas #TexasCase #Standing