While obviously the Trump legal team has to be disappointed that the U.S. Supreme Court wouldn’t take up the case of Texas vs. Pennsylvania, as we previously reported, they are saying that that decision hasn’t foreclosed their options.
Rudy Giuliani told Newsmax that since the case wasn’t rejected on the merits but rather based on standing, that he would just bring the case in the district court with the president and some electors, alleging the same facts.
'WE'RE NOT FINISHED…BELIEVE ME': America's Mayor Rudy Giuliani reacts to the Supreme Court throwing out the lawsuit Texas presented. https://t.co/VlT7z8v2lm pic.twitter.com/FRvRTH8NeP
— Newsmax (@newsmax) December 12, 2020
“So the answer to that is to bring the case in the district court by the president, by some of the electors, alleging some of the same facts where there would be standing, and therefore get a hearing,” he said. [….]
“Originally we thought about this as possibly four or five separate cases. So that’s the option we’re going to have to go to. There’s nothing that prevents us from filing these cases immediately in the district court,” Giuliani said.
“We’re not finished, believe me,” he said at the end of the interview with a laugh.
It’s also important to note that we don’t know the SCOTUS vote in the Texas matter, since it wasn’t stated. We know there were obviously at least five, enough to reject taking up the matter. Justices Alito and Thomas made a statement that they would have taken it up.
Jenna Ellis also laid out another option, to have the legislatures “reclaim their delegates.”
But the time is running out for any actions, with the Electoral College vote just days away on Monday.
Ellis seemed to suggest that they actually had until January 6, the date where Congress has to determine the validity of the Electoral College vote. Ellis and Giuliani referenced Associate Justice Ruth Bader Ginsburg’s language in the 2000 case Bush v. Gore. “But none of these dates has ultimate significance in light of Congress’ detailed provisions for determining, on ‘the sixth day of January,’ the validity of electoral votes,” Ginsburg said.
As we also reported there are some other cases wending their way through the courts, including a case that the Wisconsin Supreme Court just agreed to hear and the application for certiorari in the Pennsylvania case.