Two Supreme Court Justices Are of the View the Court MUST Hear Cases Involving Disputes Between States -- Are There Three Others?By Shipwreckedcrew | Dec 11, 2020 8:30 AM ET
Four years ago, Nebraska filed a motion in the Supreme Court seeking permission to file a complaint against Colorado over issues involving Colorado’s passage of legislation that legalized the recreational use of marijuana in contravention of federal law. Nebraska alleged that its interests as a state were harmed by that legislation.
The Supreme Court denied the motion.
Justice Clarence Thomas dissented from the denial, and he was joined in his dissent by Justice Samuel Alito.
Chief Justice Roberts, and Justices Scalia, Kennedy, Breyer, Ginsburg, Kagan, and Sotomayor were together in denying the motion.
Justices Scalia, Kennedy, and Ginsburg are no longer on the Court.
What Justice Thomas wrote in his dissent is something that I was not aware of until doing a bit of research on the claims raised by Texas, and looking more closely at the Supreme Court’s jurisprudence on its “original jurisdiction.â€
The first paragraph of Justice Thomas’ dissent read as follows:
Federal law does not, on its face, give this Court discretion to decline to decide cases within its original jurisdiction. Yet the Court has long exercised such discretion, and does so again today in denying, without explanation, Nebraska and Oklahoma’s motion for leave to file a complaint against Colorado. I would not dispose of the complaint so hastily. Because our discretionary approach to exercising our original jurisdiction is questionable, and because the plaintiff States have made a reasonable case that this dispute falls within our original and exclusive jurisdiction, I would grant the plaintiff States leave to file their complaint.
more
https://redstate.com/shipwreckedcrew/2020/12/11/two-supreme-court-justices-are-of-the-view-the-court-must-hear-cases-involving-disputes-between-states-are-there-five-n292833
