The Court’s Many Wrongs in Texas v. Pennsylvania.(excerpt)
As Alexander Hamilton explained in Federalist No. 78, courts have “neither FORCE nor WILL, but merely judgment.” As such, in deciding cases courts have a duty to explain their decisions so the rest of us may know if they constitute arbitrary exercises of political power, or reasoned decisions of judicial power which the People can trust. In Texas v. Pennsylvania, all that the justices felt obligated to do was to state it’s — “lack of standing” — supported by a one sentence justification: “Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its election.” Resolving a case of this magnitude with one conclusory sentence is completely unacceptable.
The Supreme Court docket consists primarily of only those cases the High Court chooses to hear. However, just like when it agrees to decide a case, and in disputes where the original jurisdiction of the Court is invoked, it has a duty to decide cases properly brought to them. Two centuries ago, Chief Justice John Marshall construed the obligation of contracts clause in a decision where he wrote: “however irksome the task may be, this is a duty from which we dare not shrink.” Trustees of Dartmouth College v. Woodward, 17 U.S. 518 (1819). Courts have a duty to resolve important cases even if they would prefer to avoid them. In Marbury v. Madison, 5 U.S. 137 (1803), Marshall described “the duty of the Judicial Department to say what the law is” because “every right, when withheld, must have a remedy, and every injury its proper redress.” Abdication in a case of this sort is not a judicial option.
The Supreme Court’s reliance on standing as its excuse has had one positive result — provoking many to study the origins of that doctrine who may be surprised to learn that the word “standing” nowhere appears in the Constitution. There is compelling evidence to demonstrate it was birthed by big-government Justices during the FDR Administration to shield New Deal legislation, and to insulate the Administrative State from challenges by the People.
Those who favored the Texas decision argue that standing is a conservative doctrine as it limits the power of the courts — but the true constitutionalist uses only tests grounded in its text. The true threshold constitutional test is whether a genuine and serious “controversy” exists between the States that could be resolved by a court.
full article (very good read)
https://www.westernjournal.com/twj-exclusive-bombshell-new-legal-memo-giving-trump-supporters-hope-christmas-eve/