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The US Supreme Court on Friday rejected a challenge to President-elect Joe Biden’s election wins in four crucial swing states — leaving President Trump virtually out of legal options ahead of Monday’s meeting of the Electoral College.
A partial-page order said a motion by the state of Texas to file a complaint alleging “significant and unconstitutional irregularities” in each state’s vote count “is denied for 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,” the order said.
“All other pending motions are denied as moot.”
Justice Samuel Alito and Justice Clarence Thomas both dissented, with Alito writing, “In my view, we do not have discretion to deny the filing of a bill of complaint in a case that calls within our original jurisdiction.”
“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.”
The three justices appointed by Trump — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — notably did not join in the dissent.
Trump didn’t immediately respond to the high court’s decision after expressing optimism in a tweet about three hours earlier.
“If the Supreme Court shows great Wisdom and Courage, the American People will win perhaps the most important case in history, and our Electoral Process will be respected again!” he wrote.
Texas Attorney General Ken Paxton, a Republican, filed the motion Tuesday in a bid to sue the states of Pennsylvania, Georgia, Michigan in Wisconsin, which Trump won in 2016 but which flipped for Biden last month.
Republican attorneys general in sixteen other states sought to join the case, as did President Trump and 127 GOP members of the House of Representatives, including Minority Leader Kevin McCarthy (R-Calif.) who signed on Friday.
Biden is set to receive 306 Electoral College votes on Monday, far more than the 270 needed to win and the same number that Trump scored in 2016.
Earlier this month, Rep. Mo Brooks (R-Ala.) announced plans to challenge the tally when Congress convenes on Jan. 6 to count the Electoral College votes and certify the winner.
During an appearance on C-SPAN earlier this week, Brooks — who claimed that “millions” of votes were cast illegally — said he had “no clue” if any senator would join him in the effort, which is all but certain to fail but would have the effect of forcing Republicans to side with or against Trump.
“I can either surrender or fight to protect the integrity of our system. I’m choosing to fight,” he said.