posted on Dec, 13 2020 @ 06:46 PM
originally posted by: asd161
The statement that Texas lacks standing would seem to implicitly overrule Massachusetts v. EPA, a case that found expanded standing for states, though
in the “Climate Change” context.
"Massachusetts v. EPA" was not about one state suing another state. It was a state (several in fact) trying to get the Federal Government
Environmental Protection Agency to establish rules that would Protect the Environment. The EPA said it didn't have authority to regulate CO2;
Massachusetts thought it did and should act on that authority. SCOTUS was asked to decide the matter.
The issue of standing had to do with whether Mass. et al had a sufficient interest in the quality of its land, air, and water to act as a
'quasi-sovereign' for its citizens (that is a very poor descriptive wording of the issue, but IANAL). Once that was established, then the issue of
whether or not CO2 should be counted as a pollutant for purposes of the Clean Air Act could be addressed.
The important thing with this election case is that the Supreme Court decision to no hear the case had nothing to do with standing State v State, but
that the Supreme Court simply saw nothing in the case that merited their interest. And it has no effect on anything in Mass v EPA.
SCOTUS has no need to determine if one state can sue another - it is a known fact that they can and that SCOTUS has original jurisdiction.
SCOTUS has no need to determine if Texas can instruct any other state on how to conduct its elections - it is a known fact that they cannot and every
state runs its own elections, under its own laws and procedures.
There is simply nothing there that SCOTUS could possibly have any interest in - there is nothing to argue or decide.
edit on 13/12/2020 by rnaa because: (no reason given)