The rightwing blogosphere is crucifying Supreme Court Justices Barrett, Kavanaugh, and Gorsuch right now for refusing to hear the Texas case against WI, PA, MI, and GA. They are being roundly criticized for a lack of loyalty — throwing Trump and Conservatives who supported their nominations under the bus. They have been widely tarred as cowards and coup enablers.
This is, however, deeply unfair. These 3 Supreme Court Justices did exactly what Conservatives always claim we want them to do. They ruled based on the law as written. They didn’t rule based on party loyalty or their own personal sense of justice. Texas has no business telling other States how to run their elections. To take this case would have upended 230 years of Federalism and set a dangerous precedent for expanding Federal power over the States. I wouldn’t be at all surprised if the Justices were just as appalled at what is going on as the rest of us. But they swore an oath to uphold the US Constitution, and that is exactly what they did. It is not the role of the Supreme Court to correct legislative shortcomings or impose their personal vision of justice. Justices need the humility to accept their role even when it leads to results they personally don’t like. And the facts in the Texas case left no room for any other outcome.
The 2020 election was a farce and a national embarrassment. What has been uncovered so far with regards to potential election fraud is appalling. The blatant disregard for State election laws is a total outrage. And the stonewalling by the States involved is inexcusable and sure to backfire in the long run. The American people will never accept this sham of an election as legitimate until a thorough, open, and honest accounting of what really happened is allowed. But that reckoning has to happen the right way. A sham trial is not the right way to overturn a sham election.
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Looks like Representative Chip Roy of Texas came to pretty much the same conclusion. Check out his Twitter thread below…