Andrew McCarthy: Supreme Court right to refuse to block Biden election ? rejects absurd legal theory

That is not a position about the merits of any case; Alito and Thomas merely reason that the court is not authorized to refuse to consider such cases.In the unsigned order issued Friday night, the court denied Texas permission to file its lawsuit, citing the Lone Star State’s “lack of standing” to sue because it had “not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”The court further noted that Texas had other motions pending. In Justice Alito’s brief statement, joined by Justice Thomas, he stated that while he would grant Texas motion to file the suit, he “would not grant other relief,” and would express no view on any other issue.Translation: All Alito and Thomas are saying is that they think the Constitution gives the high court no choice but to let Texas file the suit; they did not believe Texas claims were worthy of granting an injunction so the court could freeze matters in place while it heard the suit.CLICK HERE TO SIGN UP FOR OUR OPINION NEWSLETTERMoreover, the two justices were making clear that, although they would agree to accept the suit that did not necessarily mean they disagreed with the court’s conclusion that Texas lacked standing.In a nutshell, seven justices believed there was no requirement that the Supreme Court take the case at all. Yet, before refusing, they took enough of a peek at the claims to reach the easy conclusion that Texas had no lawful basis to file the suit because it has no interest in how other states conduct elections.In a technical difference involving process, Justices Alito and Thomas believe the court is technically required to allow the suit to be filed first; but after that, they would likely have reached the exact same conclusion as the rest of the court on the matter of standing, and they agreed with the remaining justices that Texas’s claims did not merit any other relief.CLICK HERE TO GET THE FOX NEWS APPTexas filed a totally unworthy lawsuit, which even its own solicitor general (the lawyer who usually represents the state before the Supreme Court) did not endorse.