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

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  1. #1

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

    .

    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?

    .
    JWK

    .
    “Until you realize how easy it is for your mind to be manipulated, you remain the puppet of someone else’s game.” ― Evita Ochel



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  3. #2
    Considering the SC was threatened to not look at the case, I would say yes.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  4. #3
    No, Texas had no standing.

  5. #4
    Quote Originally Posted by 69360 View Post
    No, Texas had no standing.
    This is only true, if Texas has the right to secede. (which it does)
    It's all about taking action and not being lazy. So you do the work, whether it's fitness or whatever. It's about getting up, motivating yourself and just doing it.
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    Donald Trump / Crenshaw 2024!!!!

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  6. #5
    Quote Originally Posted by 69360 View Post
    No, Texas had no standing.
    Texas isn't affected by another state stealing the election for a particular candidate?
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."

  7. #6
    Quote Originally Posted by dannno View Post
    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, "$#@! this I'm out"
    It's all about taking action and not being lazy. So you do the work, whether it's fitness or whatever. It's about getting up, motivating yourself and just doing it.
    - Kim Kardashian

    Donald Trump / Crenshaw 2024!!!!

    My pronouns are he/him/his

  8. #7
    Quote Originally Posted by TheTexan View Post
    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


    .
    .
    .DON'T TAX ME BRO!!!

    .
    .
    "It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)

  9. #8
    Quote Originally Posted by TheTexan View Post
    Texas has no business in telling other states how to choose their electors.
    But the Constitution, which all States have agreed to, does declare electors are to be appointed in the manner as the State's Legislature may direct . . . not the Court, the people, or Little Bow Peep.


    "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector." ___ my emphasis.

    JWK

    When our federal judicial systemignores the rule of law and our written Constitutions, Federal and State, andassents to acts contrary to the rule of law, it not only opens the door toanarchy, but participates in and encourages such treachery.



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  11. #9
    Quote Originally Posted by 69360 View Post
    No, Texas had no standing.
    Of course they had standing.
    Anyone would have standing in this case and a state would more than anyone else.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  12. #10

    Texas has standing and a judiciable controversy in its election lawsuit

    Quote Originally Posted by 69360 View Post
    No, Texas had no standing.


    When a number of states disenfranchise the voters of Texas in a federal election by illegal voting practices in those states, you bet the State of Texas has standing and a judiciable controversy with those states, and, the United States Supreme Court has original jurisdiction over such controversies (Article 3, Section 2, Clause 1, USC)




    See Purcell v. Gonzalez, 549 U.S. 1 (2006)

    "Confidence in the integrity of our electoral processes is essential to the functioning of our participatory democracy. Voter fraud drives honest citizens out of the democratic process and breeds distrust of our government. Voters who fear their legitimate votes will be outweighed by fraudulent ones will feel disenfranchised. “[T]he right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.” Reynolds v. Sims, 377 U. S. 533, 555 (1964)."


    In addition, our 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."



    Also see Bush v. Gore in 2000, citing McPherson v. Blacker: "A significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question." In the instant case a "significant departure", e.g., would be Pennsylvania’s passage of ACT 77 by its Legislature which failed to take the prescribed actions to amend the state constitution as needed before implementing it.

    Finally, 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.”


    JWK


    When our federal judicial system ignores our written Constitution and assents to legislative acts contrary to our supreme law of the land, it not only opens the door to anarchy, but participates in and encourages such treachery.
    Last edited by johnwk; 02-24-2021 at 09:47 AM.

  13. #11
    Quote Originally Posted by johnwk View Post
    When a number of states disenfranchise the voters of Texas in a federal election by illegal voting practices, you bet the State of Texas has standing and a judiciable controversy with those states, and, the United States Supreme Court has original jurisdiction over such controversies (Article 3, Section 2, Clause 1, USC)
    Texas voters weren't disenfranchised at all. Their votes were counted to determine who Texas's electors would be, which is all they were entitled to.* Just as they have no right to vote for Pennsylvania's electors, they have no right to complain about how PA's electors were chosen.

    None of the dicta you cited bears on the issue of Texas's standing. Moreover, the interdependence argument goes too far; it would permit one State to complain about another State's violation of any other constitutional provision, not just that dealing with presidential electors. For example, California could sue Texas alleging that some law on the latter's books violates Due Process, Equal Protection, Freedom of Speech, Press, or Free Exercise of Religion, or the Establishment Clause. Is that really what you want?

    * Of course, their votes may not have been properly counted, since Texas Governor Abbott unilaterally opened the absentee voting period early in violation of state law, something pot-calling-the-kettle-black AG Ken Paxton somehow failed to mention in his suit.
    We have long had death and taxes as the two standards of inevitability. But there are those who believe that death is the preferable of the two. "At least," as one man said, "there's one advantage about death; it doesn't get worse every time Congress meets."
    Erwin N. Griswold

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    Anonymous

  14. #12

    Texas in fact has standing and a judiciable controversy in its election lawsuit

    Quote Originally Posted by Sonny Tufts View Post
    Texas voters weren't disenfranchised at all.
    Thank you for your personal opinion, but THIS POST supplies the documentation your personal opinion is wrong.


    JWK

    When our federal judicial system ignores our written Constitution and assents to acts contrary to our Federal and state Constitutions, as it has done in this case, it not only opens the door to anarchy, but participates in and encourages such treachery.


  15. #13
    Quote Originally Posted by Anti Globalist View Post
    Considering the SC was threatened to not look at the case, I would say yes.
    It was threatened indeed.
    .
    .DON'T TAX ME BRO!!!

    .
    .
    "It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)

  16. #14
    Quote Originally Posted by Anti Globalist View Post
    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

  17. #15
    Quote Originally Posted by johnwk View Post
    appears to have been
    I think you mean that some people said on the internet that he was
    Quote Originally Posted by Swordsmyth View Post
    Pinochet is the model
    Quote Originally Posted by Swordsmyth View Post
    Liberty preserving authoritarianism.
    Quote Originally Posted by Swordsmyth View Post
    Enforced internal open borders was one of the worst elements of the Constitution.

  18. #16
    Do citizens of a state that didn't follow their own elector rules have standing?



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  20. #17
    Quote Originally Posted by GlennwaldSnowdenAssanged View Post
    Do citizens of a state that didn't follow their own elector rules have standing?
    Yes, and there were many lawsuits on behalf of those citizens.
    Quote Originally Posted by Swordsmyth View Post
    Pinochet is the model
    Quote Originally Posted by Swordsmyth View Post
    Liberty preserving authoritarianism.
    Quote Originally Posted by Swordsmyth View Post
    Enforced internal open borders was one of the worst elements of the Constitution.

  21. #18
    Thomas thinks it was regarding PA. He thinks there wasn't enough votes to overturn anything, but wants to clear up the SOS's applying "rules" to elections.

    "We failed to settle this dispute before the election, and thus provide clear rules. Now we again fail to provide clear rules for future elections," Thomas wrote in his dissent. "The decision to leave election law hidden beneath a shroud of doubt is baffling. By doing nothing, we invite further confusion and erosion of voter confidence. Our fellow citizens deserve better and expect more of us."

  22. #19
    Quote Originally Posted by tommyrp12 View Post
    Thomas thinks it was regarding PA. He thinks there wasn't enough votes to overturn anything, but wants to clear up the SOS's applying "rules" to elections.
    Alito and Gorsuch joined in on the dissent, Kavanaugh and Barrett look like $#@!ing traders... or are being threatened
    Last edited by dannno; 02-22-2021 at 03:57 PM.
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."

  23. #20
    Quote Originally Posted by dannno View Post
    Alito and Gorsuch joined in on the dissent, Kavanaugh and Barrett look like $#@!ing traders... or are being threatened
    Traitors either way.

    And I doubt they have more than the usual blackmail the cabal requires all its members to give up to assure their loyalty.
    Remember that Trump had to pick people who would get through the Senate and McConnell, Gorsuch seems to be an anomaly like Alito and Thomas.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  24. #21
    Fortunately we still have some cases pending..

    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."

  25. #22
    Quote Originally Posted by dannno View Post
    Fortunately we still have some cases pending..

    And the Courts will refuse to hear those cases as well. The Deep State under no circumstances will allow the evidence to be seen. Trump needs to accept the fact that he's trying to do the impossible and just stop trying to overturn the election.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  26. #23
    Quote Originally Posted by Anti Globalist View Post
    And the Courts will refuse to hear those cases as well. The Deep State under no circumstances will allow the evidence to be seen. Trump needs to accept the fact that he's trying to do the impossible and just stop trying to overturn the election.
    Is it even about overturning the election anymore? I’d be happy with a couple people thrown in jail and the opportunity for future fraud by way of dominion machines and mail in ballots squashed.
    No - No - No - No
    2016

  27. #24
    Quote Originally Posted by Anti Globalist View Post
    And the Courts will refuse to hear those cases as well. The Deep State under no circumstances will allow the evidence to be seen. Trump needs to accept the fact that he's trying to do the impossible and just stop trying to overturn the election.
    Respectfully disagree

    If we were to allow the Military Junta/Leftwing Cabal to get away - again - with stealing an election then stick a fork in our right to vote......is done.


    .
    .
    .DON'T TAX ME BRO!!!

    .
    .
    "It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)



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  29. #25
    Quote Originally Posted by dannno View Post
    Fortunately we still have some cases pending..

    https://t.me/SidneyPowell/328

    https://t.me/SidneyPowell/330
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  30. #26
    Release the fundraising Kraken
    It's all about taking action and not being lazy. So you do the work, whether it's fitness or whatever. It's about getting up, motivating yourself and just doing it.
    - Kim Kardashian

    Donald Trump / Crenshaw 2024!!!!

    My pronouns are he/him/his

  31. #27



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