Radio Recap – SCOTUS Rejects Texas’ Lawsuit, What Happens Now?


Jordan Sekulow

December 14, 2020

3 min read

Election Law



The Supreme Court has rejected Texas’ election lawsuit. What happens next?

On today’s Jay Sekulow Live, we discussed the U.S. Supreme Court’s rejection of the Texas election lawsuit and what that means for the remaining election challenges?

In their rejection, the U.S. Supreme Court issued a very short order. Eighteen states had sided with Texas as well as 126 members of the U.S. House of Representatives. Twenty states, plus two territories, ended up on the side of the four states that Texas sued. Two other states filed briefs saying that this case needed to be heard. In the end, in came down to two short paragraphs from the U.S. Supreme Court rejecting the case for lack of standing.

Here’s what the order said:

The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.

Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.

As I said on the broadcast, I think part of the reasoning from the Supreme Court, even the conservative Justices, was that they simply didn’t need to do this. The state legislatures already had the ability to take care of the remedy themselves. They could have thrown out all the electors if they wanted to. That’s a legal ability that state legislatures have from the U.S. Constitution. It didn’t require the U.S. Supreme Court to weigh in for them to use that power.

The key date now is January 6th, where Congress meets to certify the Electoral College results. There are a number of options that can be attempted on that day, including a challenge to the delegations. We’ll keep an eye on how that may develop and keep you informed.

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The full broadcast is complete with much more discussion by our team of the Supreme Court’s rejection of the Texas election lawsuit, the state of other election legal challenges, and where things go from here.

Watch the full broadcast below.