White House press secretary Kayleigh McEnany accused the justices of the Supreme Court of having “hid behind procedure” with their rejection of the Texas lawsuit that sought to overturn the reported results of the 2020 presidential election in four key states, Fox News reported.
“There is no way to say it other than they dodged,” McEnany said Friday on Fox’s Hannity. “They dodged, they hid behind procedure, and they refused to use their authority to enforce the Constitution.”
On Friday evening the Supreme Court announced that it had dismissed the Texas lawsuit brought by Texas Attorney General Ken Paxton along with 17 other states and over 120 House Republicans who joined the suit. Paxton had asked the Supreme Court to stop the electors in Georgia, Michigan, Wisconsin, and Pennsylvania from certifying Democratic nominee Joe Biden as the winner, arguing that the results were based on unconstitutional changes to each state’s election laws.
The Supreme Court, however rejected hearing the case, arguing that Texas lacked the legal standing necessary to bring such a case.
“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,” the justices wrote. “Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”
If silence is taken for consent, then all the justices agreed with the decision except Justices Samuel Alito and Clarence Thomas. Alito and Thomas both argued the case ought to have been heard, although they stated that they would not grant any preemptive relief.
It’s not over
As McEnany noted, the Supreme Court rejected the case not on its merits, but on legal procedure. This means that President Donald Trump can correct this procedural issue and then make another attempt to have this case heard.
Trump’s lawyer Rudy Giuliani told Newsmax this will be the plan going forward.
“The case wasn’t rejected on the merits, the case was rejected on standing,” the former New York City mayor said. “The answer to that is to bring the case now in the district court by the president, by some of the electors, alleging the same facts where there would be standing and therefore get a hearing.”
The president wrote several tweets Friday evening expressing his displeasure with the Supreme Court’s decision.
So, you’re the President of the United States, and you just went through an election where you got more votes than any sitting President in history, by far — and purportedly lost. You can’t get ‘standing’ before the Supreme Court, so you ‘intervene’ with wonderful states that, after careful study and consideration, think you got ‘screwed’, something which will hurt them also. Many others likewise join the suit but, within a flash, it is thrown out and gone, without even looking at the many reasons it was brought. A Rigged Election, fight on!
The positive news for the president’s supporters is that he and his team made it clear Friday night that they will continue to do just that — “fight on!”