Today on Categorical Imperatives I endeavor to show why, conservatives who are upset over the Texas election case do not understand the Texas lawsuit they support, nor the entirely justified and predictable outcome of that case. That the Supreme Court was correct in dismissing the case for a lack of standing and explain WHY that decision is .Constitutionally sound. Why the Texas suit is entirely non-meritorious, how the procedural obstacles and lack of proof of jurisdiction required under original jurisdiction were not met and how the injunctive relief Texas was seeking was not only extreme, but insanely unconstitutional on numerous grounds. Violating fundamental tenants of Federalism, separation of powers, the anti-commandeering doctrine and the political questions doctrine to name just a few Constitutional principles this case runs afoul of.
How the only issue they mentioned was standing because it only takes one eliminating disqualification to leave the case as a whole lacking in merit.
I did not make this episode to be a dick or say “I told you so”… Because as I stated in the show, I have much respect for many of the people whose position I am criticizing.
I am doing this from a place of Textualist and Originalist Constitutional interpratation, because this is a philosophy many conservatives these days tend to claim to hold, This is a Textualist interpretation of the Constitution and an adherence to Originalism in the broader scope of Constitutional Law
I also consider myself a Constitutional Conservative. Which shouldn’t matter, since this is not a political opinion but a rigorous legal analysis. I just figure if there is anyone pissed off Republicans might be willing to listen to when they are told they misunderstand the case it would probably be someone like myself.
Which is the main reason I made this episode.So if you know someone who stubbornly holds onto the idea that the Supreme Court’s actions in this case were somehow an intentional slight towards Trump, or an act of cowardice and betrayal of the American people feel free to send them to this video for them to consider.
Complete briefing index for Texas v Pennsylvania – https://www.supremecourt.gov/docket/docketfiles/html/public/22o155.html
For Context, here is the link to the entire video put out by Bill Whittle of which I only played a clip. Please do not go there for any reason other than to get a fair context of the entirety of his argument. – https://www.youtube.com/watch?v=y8L4vSTWmsI&t=74s
Full filing from Texas AG Paxton – https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2020/Press/SCOTUSFiling.pdf
Arizona v California Case Brief – https://www.supremecourt.gov/opinions/19pdf/150orig_3e04.pdf
Donald Trump’s motion to intervene – https://www.supremecourt.gov/DocketPDF/22/22O155/163234/20201209155327055_No.22O155OriginalMotiontoIntervene.pdf
Amicus Curae brief filed by Missouri et al. – https://www.supremecourt.gov/DocketPDF/22/22O155/163215/20201209144840609_2020-12-09-Texasv.Pennsylvania-AmicusBriefofMissourietal.-FinalwithTables.pdf
Opposition to Motion for Leave briefs:
Wisconsin – https://www.supremecourt.gov/DocketPDF/22/22O155/163393/20201210150111653_Brief.pdf
Georgia – http://www.supremecourt.gov/DocketPDF/22/22O155/163383/20201210145849997_Georgia–BriefinOpposition.pdf
Michigan – http://www.supremecourt.gov/DocketPDF/22/22O155/163387/20201210145404465_22O155TexasMIBIO12-10.pdf
Pennsylvania – http://www.supremecourt.gov/DocketPDF/22/22O155/163367/20201210142206254_PennsylvaniaOpptoBillofComplaintv.FINAL.pdf
Amicus brief by Constitutional attorneys (The brief I read a section of) – https://www.supremecourt.gov/DocketPDF/22/22O155/163237/20201209155924009_2020-12-9TexasScotusAmiciBrief-FINAL.pdf
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
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