The order, which was dropped on Friday night, was succinct and unsigned.
The state of Texas’ application for permission to file a notice of appeal is denied for lack of standing under Article III of the Constitution. Texas has shown no judicial interest in the way another state conducts its elections. All other pending applications are dismissed as in dispute.
Judges Samuel Alito and Clarence Thomas objected to the rejection of the filing, but nothing more.
Declaration by Justice Alito, with which Justice Thomas is merging: In my opinion, there is no discretion to refuse to file a notice of appeal in a case that falls within our original jurisdiction. See Arizona v. California, 589 US ___ (February 24, 2020) (Thomas, J., Dissent). I would therefore grant the request to file the notice of appeal, but would not grant any other relief, and I do not speak on any other subject.
The attempted civil war and coup must continue without the blessing of the court. This is driving all those Republican senators who insist that they cannot recognize Joe Biden as elected president because of litigation going on locally. What will they say now when Trump has 40 days left to make their life miserable?