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Yo_Mama_Been_Loggin

(108,234 posts)
Wed Dec 9, 2020, 01:49 PM Dec 2020

Trump says he will intervene in Texas election lawsuit

President Trump on Wednesday suggested he will intervene in a case brought by the state of Texas against other states alleging election fraud in yet another last gasp effort to subvert the outcome of the presidential election.

"We will be INTERVENING in the Texas (plus many other states) case. This is the big one. Our Country needs a victory!" Trump tweeted.

It was not immediately clear if Trump planned to intervene in his personal capacity or if his campaign would get involved. A campaign spokesperson did not respond to a request for comment.

Texas announced on Tuesday that it would be filing a lawsuit in the Supreme Court against four battleground states in an effort to halt presidential electors from finalizing President-elect Joe Biden's victory.

https://www.msn.com/en-us/news/politics/trump-says-he-will-intervene-in-texas-election-lawsuit/ar-BB1bMuQh?li=BBnb7Kz

What does he think he's going to add to it other than 325 lbs.

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Trump says he will intervene in Texas election lawsuit (Original Post) Yo_Mama_Been_Loggin Dec 2020 OP
And there goes the Supreme Court's original jurisdiction over lawsuits between states. The Velveteen Ocelot Dec 2020 #1
Sounds like a law school exam fact pattern. Dream Girl Dec 2020 #3
Yup. I looked up the supplemental jurisdiction statute, 28 USC § 1367, The Velveteen Ocelot Dec 2020 #7
LOL! StarfishSaver Dec 2020 #4
The Supreme Court has allowed non-state intervenors in original jurisdiction cases for 100 years. onenote Dec 2020 #8
28 USC § 1367, which is fairly recent, prohibits joinder of supplemental claims The Velveteen Ocelot Dec 2020 #12
28 uSC 1367 is specifically addresses the original jurisdiction of district courts, not the SCOTUS onenote Dec 2020 #16
You may be right, but since the court acts as a trial court The Velveteen Ocelot Dec 2020 #20
Anything that requires this much microscopic finagling obviously has no merit. lindysalsagal Dec 2020 #18
Which would be more humiliating arlyellowdog Dec 2020 #2
Donald Trump is not a member of the Supreme Court Bar. MineralMan Dec 2020 #5
I didn't read his tweet as meaning he personally would file. I'm sure he can find a bad lawyer to onenote Dec 2020 #9
He could represent himself pro se, but that would be stupid even for him. The Velveteen Ocelot Dec 2020 #15
He'd just be joining the other idiots he hires as lawyers. MineralMan Dec 2020 #17
Just a way of raising more millions for his personal use. Doodley Dec 2020 #6
He will intervene strongly dalton99a Dec 2020 #10
Thanks KewlKat Dec 2020 #11
exactly, he's drumming up nonsense to throw his rabid base more raw meat, & trying to get some onetexan Dec 2020 #13
Yep padah513 Dec 2020 #14
His new ghost written book? Newest Reality Dec 2020 #19

The Velveteen Ocelot

(115,869 posts)
7. Yup. I looked up the supplemental jurisdiction statute, 28 USC § 1367,
Wed Dec 9, 2020, 02:10 PM
Dec 2020

and it specifically excludes cases brought under the court's original jurisdiction. So Fat Nixon's motion to intervene, if he does it, would be denied anyhow.

onenote

(42,769 posts)
8. The Supreme Court has allowed non-state intervenors in original jurisdiction cases for 100 years.
Wed Dec 9, 2020, 02:16 PM
Dec 2020

Trump saying he's going to intervene is meaningless unless and until he actually tries to intervene. And even then, it will be up to the Court to decide whether to allow him to intervene or not. It won't result in the case being dismissed.

The Velveteen Ocelot

(115,869 posts)
12. 28 USC § 1367, which is fairly recent, prohibits joinder of supplemental claims
Wed Dec 9, 2020, 02:22 PM
Dec 2020

and parties in original jurisdiction cases. Under the old ancillary jurisdiction theory they might have allowed it but it looks like that's no longer possible. The case itself is bound to be dismissed for other reasons - notably that it's really stupid.

onenote

(42,769 posts)
16. 28 uSC 1367 is specifically addresses the original jurisdiction of district courts, not the SCOTUS
Wed Dec 9, 2020, 02:24 PM
Dec 2020

It doesn't apply to this situation at all.

The Velveteen Ocelot

(115,869 posts)
20. You may be right, but since the court acts as a trial court
Wed Dec 9, 2020, 03:01 PM
Dec 2020

and uses the same rules, I'm wondering whether they might deny intervention anyhow. In fact, regardless of the fact that they have original and exclusive jurisdiction, it looks like they can decline to hear it at all:

"Cases of Which the Court Has Declined Jurisdiction.—In other cases, however, the Court, centering its attention upon the elements of a case or controversy, has declined jurisdiction. In Alabama v. Arizona, where Alabama sought to enjoin nineteen states from regulating or prohibiting the sale of convict-made goods, the Court went far beyond holding that it had no jurisdiction, and indicated that jurisdiction of suits between states will be exercised only when absolutely necessary, that the equity requirements in a suit between states are more exacting than in a suit between private persons, that the threatened injury to a plaintiff state must be of great magnitude and imminent, and that the burden on the plaintiff state to establish all the elements of a case is greater than the burden generally required by a petitioner seeking an injunction in cases between private parties.

Pursuing a similar line of reasoning, the Court declined to take jurisdiction of a suit brought by Massachusetts against Missouri and certain of its citizens to prevent Missouri from levying inheritance taxes upon intangibles held in trust in Missouri by resident trustees. In holding that the complaint presented no justiciable controversy, the Court declared that to constitute such a controversy, the complainant state must show that it “has suffered a wrong through the action of the other State, furnishing ground for judicial redress, or is asserting a right against the other State which is susceptible of judicial enforcement according to . . . the common law or equity systems of jurisprudence.” The fact that the trust property was sufficient to satisfy the claims of both states and that recovery by either would not impair any rights of the other distinguished the case from Texas v. Florida, where the contrary situation obtained. Furthermore, the Missouri statute providing for reciprocal privileges in levying inheritance taxes did not confer upon Massachusetts any contractual right. The Court then proceeded to reiterate its earlier rule that a state may not invoke the original jurisdiction of the Supreme Court for the benefit of its residents or to enforce the individual rights of its citizens. Moreover, Massachusetts could not invoke the original jurisdiction of the Court by the expedient of making citizens of Missouri parties to a suit not otherwise maintainable. Accordingly, Massachusetts was held not to be without an adequate remedy in Missouri’s courts or in a federal district court in Missouri.
https://law.justia.com/constitution/us/article-3/29-suits-between-two-or-more-states.html

lindysalsagal

(20,733 posts)
18. Anything that requires this much microscopic finagling obviously has no merit.
Wed Dec 9, 2020, 02:28 PM
Dec 2020

Judges know when the letter of the law undermines the intent.

arlyellowdog

(866 posts)
2. Which would be more humiliating
Wed Dec 9, 2020, 01:56 PM
Dec 2020

For the Supreme Court to say the case is stupid or for the Supreme Court to refuse to take the case because loud mouth Trump said they’d intervene.

MineralMan

(146,333 posts)
5. Donald Trump is not a member of the Supreme Court Bar.
Wed Dec 9, 2020, 02:00 PM
Dec 2020

He can't intervene in any case. The Justice Department can file briefs in the SCOTUS, but the President cannot. He has no voice there at all. No President has argued a single case in the SCOTUS while in office.

onenote

(42,769 posts)
9. I didn't read his tweet as meaning he personally would file. I'm sure he can find a bad lawyer to
Wed Dec 9, 2020, 02:17 PM
Dec 2020

represent him.

onetexan

(13,063 posts)
13. exactly, he's drumming up nonsense to throw his rabid base more raw meat, & trying to get some
Wed Dec 9, 2020, 02:22 PM
Dec 2020

traction under thi farcical but dangerous game he's playing with our democracy.

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