“Deciphering, rewriting, and potentially retitling Justice Alito’s separate statement in Texas v. Pennsylvania”

Howard Bashman:

Thanks to everyone who has taken time to respond to my tweet from last night seeking views on whether yesterday evening’s U.S. Supreme Court order was unanimous in rejecting Texas’ effort to overturn the outcome of the 2020 presidential election or was instead a 7-0-2 vote.

Let’s begin with the relevant text from the order:…

Before concluding, I acknowledge that some have opined that the lack of clarity in Alito’s separate statement may have been intentional rather than accidental. To be sure, he certainly had adequate time to decide what to say, since Texas had filed its motion for leave to file a bill of complaint on Monday and the Court’s denial issued on Friday. In any event, I wrote this to explain why I have concluded that the Court unanimously rejected Texas’ request to overturn the results of the 2020 presidential election, while also demonstrating how easily Alito could have altered his statement to remove any and all uncertainty in that regard.


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