Will the Supreme Court Hear the Texas Case if the State Files It Differently?

On December 11, the Supreme Court rejected a Texas lawsuit that challenged Joe Biden’s victory in four battleground states. A widely shared social media post, which shows a screenshot of a tweet, however, is claiming the following: “Texas and/or other states can re-file their cases against WI MI PA GA with the correct terms as ‘motion to file the bill of complaint’, and their cases will be heard by SCOTUS.”

The claim that if Texas refiles the lawsuit as a “motion to file the bill of complaint” the Supreme Court will hear the case, is false. 

The rejection from the Supreme Court did not say there was an issue with how the case was filed, but rather stated that “The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.”

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