Four years ago Justices Thomas and Alito took the view that the Supreme Court cannot, in an exercise of discretion it has conferred upon itself, deny States a forum to litigate disputes with other states because, under the Constitution, the Supreme Court is the only forum where such disputes can be resolved.
What is unknown on this day is the views of Justices Gorsuch, Kavanaugh, and Barrett on this key issue. //
The Texas Complaint is not slapped together. It is the result of extensive research and drafting. It was likely a work-in-progress for weeks, and I do not believe that work would have been undertaken on a lark as a political stunt.
Those on both sides of this partisan issue who are dismissing the Complaint as an unserious effort are failing to consider what I believe to be a crucial consideration in whether or not to allow Texas — and the other 18 states who have now joined — to “have their day in court.”
There is only one forum where Texas can present what it believes is evidence supporting the allegations it makes in the Complaint against the four defendant States. Only one tribunal has the authority to hear and consider witnesses and documentary evidence of this dispute.
