Who’s On First


I told you that it would be interesting to see who files amicus briefs in support of which side of the Texas v. Pennsylvania, et al. lawsuit in the Supreme Court. The following states have filed a joint brief in support of the Texas motion for leave to file a Bill of Complaint: Missouri, Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia. In addition, Arizona has filed a motion for leave to file a brief asking the court to hear the case and to hear it quickly “to give the Nation certainty.” While Arizona argues that the court does not have discretion as to whether to hear the case or not, it does not necessarily support Texas’ position in the case.

A group of law professors along with Roy Moore (yes, that Roy Moore) have filed a motion to file an amicus brief in support of Texas.

Donald Trump, in his personal capacity, has filed a motion to intervene in the case.

A group of individuals (including “Carter Phillips, former Acting Attorney General Stuart Gerson, former Senator John Danforth, former Governor Christine Todd Whitman, former Senator and Governor Lowell Weicker, conservative legal scholars, and others who have worked in Republican federal administrations”) have filed a motion for leave to file an amicus brief is support of the defendant states. They argue that the Texas case violates the principle of federalism and the separation of powers between the states and the federal government, a states’ rights argument.

Stay tuned.

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