Like any other action, an original action must
meet the Article III criteria for a case or controversy:
“it must appear that the complaining State has
suffered a wrong through the action of the other State,
furnishing ground for judicial redress, or is asserting
a right against the other State which is susceptible of
judicial enforcement according to the accepted
principles of the common law or equity systems of
jurisprudence.” Maryland v. Louisiana, 451 U.S. 725,
735-36 (1981) (internal quotations omitted). Plaintiff
State has standing under those rules.3
Because individual citizens may arguably suffer
only a generalized grievance from Electors Clause
violations, States have standing where their citizen
voters would not, Lance v. Coffman, 549 U.S. 437, 442
(2007) (distinguishing citizen plaintiffs from citizen
relators who sued in the name of a state). In
Massachusetts v. Environmental Protection Agency,
549 U.S. 497 (2007), this Court held that states
seeking to protect their sovereign interests are
“entitled to special solicitude in our standing
analysis.” Id. at 520. While Massachusetts arose in a
different context—the same principles of federalism
apply equally here to require special deference to the
sovereign states on standing questions.
Text of lawsuit before SCOTUS: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2020/Press/SCOTUSFiling.pdf
I’m wondering what ‘standing’ Texas has regarding ‘the several states’ in election matters, other than being one of ‘the several states’ themselves.
On standing, from the PDF:
Thanks my friend.
:-)
Louisiana, Missouri and several others, including my home, Florida, have signed on to the Texas case.