Re:Apple has threatened to ban Parler from the App Store
by jackson1442 on Friday January 08, 2021 @10:15PM
(#25696091)
Interesting, I thought all appeals to the USSC required moving through the federal court system first.
Re:Apple has threatened to ban Parler from the App Store
by bdowling on Friday January 08, 2021 @11:44PM
(#25697139)
It's uncommon, but the Supreme Court also has original jurisdiction, "In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party." U.S. Const. Art. III. Here, Texas attempted to sue four other states over how they conducted their elections, so it fell under original jurisdiction.
Re:Apple has threatened to ban Parler from the App Store
by SV_BubbleTime on Friday January 08, 2021 @11:24PM
(#25696933)
This was original jurisdiction. Cases between states start here.
Re:Apple has threatened to ban Parler from the App Store
by dogwhistle111 on Saturday January 09, 2021 @04:08PM
(#25704753)
The supreme court in fact ruled against Texas in dismissing the suit, by mkaing it clear that each state has sole discretion on how to run their own elections, as prescribed by the Constitution. Whether state elections laws were followed was for state courts to decide, not Texas and not the federal supreme court
Re:Apple has threatened to ban Parler from the App Store
by SV_BubbleTime on Saturday January 09, 2021 @07:35PM
(#25706834)
States can run their own elections. So long as they abide by Article2, which indisputably, PA, MI, WI, GA did not. NV did use their legislature to make the changes which is why they weren’t a defendant. Texas’s position was that they states didn’t follow the constitution and the winner of these federal elections would effect rule and law in Texas.
Texas followed the protocol, which included filing a motion for leave to file a bill of complaint in the Supreme Court. The Supreme Court, however denied the motion.
https://www.supremecourt.gov/search.aspx?filename=/docket/do...
https://www.supremecourt.gov/orders/courtorders/121120zr_p86...