THREAD re: Texas case.
1) Those who are bashing SCOTUS for not taking the Texas case need to understand how the Court works. (Cont)

2) While I personally thought the Court should have taken the case and that Texas had standing, a very good legal argument existed that it did not have standing. The Justices decided Texas lacked standing. (cont)

3) Those who think that "conservative" Justices will always produce "conservative" results need to realize that this isn't how it always works. There are serious, complicated legal issues here that do not fit into neat categories of "liberal" and "conservative."

4) Standing is one of those issues in this case. Again, I personally disagree with the argument Texas lacks standing, but very good arguments can be made to the contrary, that have nothing to do with "liberal" or "conservative" views of matters.

5) The Justices concluded Texas lacked standing, and so refused to take the case. Those who argue this is somehow a "political" decision do themselves no favors.

6) I have no patience for those who claim that simply filing lawsuits like the Texas one amounts to treason or a threat to our constitutional republic. But I likewise have no patience for those trying to glean SCOTUS's decision through a political lense.

7) The fact is, this happens in litigation all the time. Attorneys make arguments to the court, and it either accepts or rejects them. (cont)

8) I can speak from personal experience. Once, I spent over two years on an incredibly complex lawsuit, painstakingly developing the legal theory. It was literally the most complicated thing I have ever done, and likely ever will do (cont)

9) I was (and still am) convinced my legal theory was correct. But the trial judge disagreed, and the Eighth Circuit did not accept my arguments. I sought cert, and the Court declined to take the case. (cont)

10) I cannot begin to tell you how frustrating the experience was. I had literally poured all my intellectual energies into developing my legal arguments for over two years. But the courts all rejected them. (cont)

11) But the point is, I accepted the judges/justices had a different perspective, and went on to fight another day. This happens in litigation, and if you can't take it, you shouldn't be involved in litigation.

END