Was our S.C. delinquent in its duty to adjudicate the Texas 2020 election lawsuit?

johnwk

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In response to the State of Texas filing a Motion for leave to File a BILL OF COMPLAINT in which twenty other States joined, our Supreme Court issued the following ORDER dated, FRIDAY, DECEMBER 11, 2020.

As you can see, the Order offers no legal reasoning to substantiate Texas does not have standing, nor does the ORDER explain why the Court alleges Texas ". . . has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections."

On the other hand, the Texas Motion for leave does assert election activities within the Defendant States, which were embraced and condoned by State Government Officials, were in violation of “. . . one or more of the federal requirements for elections (i.e., equal protection, due process, and the Electors Clause) and thus arise under federal law. See Bush v Gore, 531 U.S. 98, 113 (2000) (“significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question”) (Rehnquist, C.J., concurring). Plaintiff State respectfully submits that the foregoing types of electoral irregularities exceed the hanging-chad saga of the 2000 election in their degree of departure from both state and federal law. Moreover, these flaws cumulatively preclude knowing who legitimately won the 2020 election and threaten to cloud all future elections.”

Additionally, the Texas Bill of Complaint does in fact raise a judicially cognizable interest in the manner in which the Defendant States conducted their elections as follows:

"This case presents a question of law: Did Defendant States violate the Electors Clause (or, in the alternative, the Fourteenth Amendment) by taking—or allowing—non-legislative actions to change the election rules that would govern the appointment of presidential electors? 3. Those unconstitutional changes opened the door to election irregularities in various forms. Plaintiff State alleges that each of the Defendant States flagrantly violated constitutional rules governing the appointment of presidential electors. In doing so, seeds of deep distrust have been sown across the country. In the spirit of Marbury v. Madison, this Court’s attention is profoundly needed to declare what the law is and to restore public trust in this election. 4. As Justice Gorsuch observed recently, “Government is not free to disregard the [Constitution] in times of crisis. … Yet recently, during the COVID pandemic, certain States seem to have ignored these long-settled principles.” Roman Catholic Diocese of Brooklyn, New York v. Cuomo, 592 U.S. ____ (2020) (Gorsuch, J., concurring). This case is no different "


In response to the claims made in the Texas lawsuit, and the evidence presented, our Supreme Court refused to hear the case, listen to sworn witnesses, and examine the evidence which establishes our federal election process in the Defendant States has been corrupted to such a degree that the election outcome cannot justly be accepted as being legitimate.

The question here is, what is the rational and legal reasoning of our Supreme Court to assert Texas did not have standing, and did not raise a judicially cognizable interest in the manner in which the defendant States conducted their elections?

Keep in mind what our very own Supreme Court has emphatically pointed out in the past. When acts of corruption infect a federal electoral process in one state "they transcend mere local concern and extend a contaminating influence into the national domain" ___ Justice DOUGLAS in United States v. Classic (1941)".


And in "McPherson v. Blacker, 146 U. S. 1 (1892), the Court explained that Art. II, § 1, cl. 2, "convey the broadest power of determination" and "leaves it to the legislature exclusively to define the method" of appointment. 146 U. S., at 27. A significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question."

Additionally, and with respect to the Robert's Court obvious dereliction of duty to hear the Texas Lawsuit, this dereliction of duty was eloquently summed up in an amicus curiae brief by Citizen’s United:

"When one state allows the Manner in which Presidential Electors be chosen to be determined by anyone other than the state legislature, that state acts in breach of the presuppositions on which the Union is based. Each state is not isolated from the rest—rather, all states are interdependent. Our nation’s operational principle is E pluribus unum. Each state has a duty to other states to abide by this and other reciprocal obligations built into Constitution. While defendant states may view this suit as an infringement of its sovereignty, it is not, as the defendant states surrendered their sovereignty when they agreed to abide by Article II, § 1. Each state depends on other states to adhere to minimum constitutional standards in areas where it ceded its sovereignty to the union—and if those standards are not met, then the responsibility to enforce those standards falls to this Court."

It seems more that apparent that the Roberts' Court failed in its duty to hear a case, so critical in nature, that its refusal to adjudicate the case gives legitimacy to Trump's claims, and perhaps seventy-three million voters, that illegal voter activities in the Defendant States leaves a dark and threatening cloud over the legitimacy of Biden's election.

So, the unanswered question is, what is the rational and legal reasoning to believe Texas did not have standing, and did not raise a judicially cognizable interest in the manner in which the defendant States conducted their elections?

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JWK

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“Until you realize how easy it is for your mind to be manipulated, you remain the puppet of someone else’s game.” ― Evita Ochel
 
Texas isn't affected by another state stealing the election for a particular candidate?

Texas has no business in telling other states how to choose their electors. If a state wants to choose their electors in the most fraudulent way, that's the state's perogative.

But it's also Texas' perogative to say, "fuck this I'm out"
 
Texas has no business in telling other states how to choose their electors. If a state wants to choose their electors in the most fraudulent way, that's the state's perogative.

But it's also Texas' perogative to say, "$#@! this I'm out"

WHAT?

Shirley , you jest.

As stated by the Sovereign State of Texas in their properly presented SCOTUS Brief:

All these flaws–even the violations of state election law–violate one or more of the federal requirements for elections (i.e., equal protection, due process, and the Electors Clause) and thus arise under federal law. See Bush v Gore, 531 U.S. 98, 113 (2000)(“significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question”) (Rehnquist, C.J., concurring). Plaintiff State respectfully submits that the foregoing types of electoral irregularities exceed the hanging-chad saga of the 2000 election in their degree of departure from both state and federal law.Moreover, these flaws cumulatively preclude knowing who legitimately won the 2020 election and threaten to cloud all future elections"

Texas vs the Commonwealth of Pennsylvania , et al


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WHAT?

Shirley , you jest.

As stated by the Sovereign State of Texas in their properly presented SCOTUS Brief:

All these flaws–even the violations of state election law–violate one or more of the federal requirements for elections (i.e., equal protection, due process, and the Electors Clause) and thus arise under federal law. See Bush v Gore, 531 U.S. 98, 113 (2000)(“significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question”) (Rehnquist, C.J., concurring). Plaintiff State respectfully submits that the foregoing types of electoral irregularities exceed the hanging-chad saga of the 2000 election in their degree of departure from both state and federal law.Moreover, these flaws cumulatively preclude knowing who legitimately won the 2020 election and threaten to cloud all future elections"

Texas vs the Commonwealth of Pennsylvania , et al


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According to the constitution, state legislatures have complete control over their electors. Georgia, Michigan, etc legislatures failed to act. In their failure to act, they in effect approved of the fraud in their states.

The Supreme Court does not have the authority to override the states choice of electors, nor does it have the power to cleanse these states of the corruption that occurred.

Texas must leave this corrupt union. Attempts to fix it, are futile.
 
According to the constitution, state legislatures have complete control over their electors. Georgia, Michigan, etc legislatures failed to act. In their failure to act, they in effect approved of the fraud in their states.

The Supreme Court does not have the authority to override the states choice of electors, nor does it have the power to cleanse these states of the corruption that occurred.

Texas must leave this corrupt union. Attempts to fix it, are futile.

I agree that Texas ought to secede.

But meanwhile we can not have the 1 person 1 vote rule in Texas and the 1 person a gazillion votes in the battleground states.


SCOTUS had Jurisdiction to determine whether the battleground states policies violated, amongst others, the equal protection, due process, and the Electors Clauses.

If they were threatened , and I suspect they were , then expose the bastards.

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I agree that Texas ought to secede.

But meanwhile we can not have the 1 person 1 vote rule in Texas and the 1 person a gazillion votes in the battleground states.

According to the Constitution, the states determine their electors in whatever manner they so choose.

It's their electors, to do with what they will.

There is nothing in the Constitution that mandates that a state even holds Presidential elections.

If a state legislature wanted to, it would be within their Constitutional power to forego a Presidential election entirely.

If they were threatened , and I suspect they were , then expose the bastards.

Very likely they were.
 
According to the Constitution, the states determine their electors in whatever manner they so choose.

It's their electors, to do with what they will.

There is nothing in the Constitution that mandates that a state even holds Presidential elections.

If a state legislature wanted to, it would be within their Constitutional power to forego a Presidential election entirely.



Very likely they were.

Respectfully disagree.


If that is the case then SCOTUS must reverse/vacate the Bush V Gore Case



The petition presents the following questions: whether the Florida Supreme Court established new standards for resolving Presidential election contests, thereby violating Art. II, §1, cl. 2, of the United States Constitution and failing to comply with 3 U. S. C. §5, and whether the use of standardless manual recounts violates the Equal Protec-tion and Due Process Clauses. With respect to the equal protection question, we find a violation of the Equal Pro-tection Clause"

Bush v Gore (2000)


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Respectfully disagree.


If that is the case then SCOTUS must reverse/vacate the Bush V Gore Case



The petition presents the following questions: whether the Florida Supreme Court established new standards for resolving Presidential election contests, thereby violating Art. II, §1, cl. 2, of the United States Constitution and failing to comply with 3 U. S. C. §5, and whether the use of standardless manual recounts violates the Equal Protec-tion and Due Process Clauses. With respect to the equal protection question, we find a violation of the Equal Pro-tection Clause"

Bush v Gore (2000)


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True, it is an inconsistent standard, based on precedent. But it was a bad precedent to set - the Supreme Court has no business telling Florida how to run its elections.
 
According to the constitution, state legislatures have complete control over their electors. Georgia, Michigan, etc legislatures failed to act. In their failure to act, they in effect approved of the fraud in their states.

The Supreme Court does not have the authority to override the states choice of electors, nor does it have the power to cleanse these states of the corruption that occurred.

Texas must leave this corrupt union. Attempts to fix it, are futile.

You must spread some Reputation around before giving it to TheTexan again.
 
True, it is an inconsistent standard, based on precedent. But it was a bad precedent to set - the Supreme Court has no business telling Florida how to run its elections.
They do as long as Florida is in the union and the question is about the Constitution.
 
According to the Constitution, the states determine their electors in whatever manner they so choose.

It's their electors, to do with what they will.

There is nothing in the Constitution that mandates that a state even holds Presidential elections.

If a state legislature wanted to, it would be within their Constitutional power to forego a Presidential election entirely.



Very likely they were.

Correction: according to the Constitution the STATE LEGISLATURES select electors in any way they want AS LONG AS THEY DON'T VIOLATE ANY OTHER PROVISIONS OF THE CONSTITUTION.

State courts and state executive branches changed how electors were selected and states violated other provision of the Constitution as well.
 
Considering the SC was threatened to not look at the case, I would say yes.

Of course, Justice Roberts appears to have been threatened in the past, i.e., the Obamacare case.


JWK


Obamacare by consent of the governed, Article 5, our Constitution`s amendment process. Tyranny by a majority vote in Congress or a Supreme Court's majority vote
 
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