recently wrote a suggested Supreme Court opinion
. It said the Court must decide “credible and significant” claims of election wrongdoing on their merits before elected officials are sworn in—-except for the President, where the Constitution provides a fallback political method of election. My article suggested what the Supreme Court should do. This article discusses their inaction and warns of the consequences if the justices continue to run and hide.
Americans paying attention to the 2020 Election must be baffled by our courts. A thousand sworn statements about election wrongdoing, bizarre 4 a.m. “vote spikes” for one candidate, hundreds of thousands of ballots driven from one state to the another, counting machines with 68% error rates, etc., etc. Such claims should at least get a day in court.
Yet so far, they can’t get a sniff. With few exceptions, no state or federal court in our country has had the courage to look at the merits of these claims. The most significant challenge to our Constitutional Republic since the first Civil War can’t get a parking ticket.
The Pennsylvania Supremes liked “laches” or simply put, “you waited too long.” The claim asserted was simple—- the Pennsylvania Constitution does not authorize mail-in voting so the legislature can’t do it. (One brave judge said “good point” and was promptly swept away by her betters). The Pennsylvania Supremes said you had to sue before the election. Of course, if you had, they would have said “go away you haven’t been injured.” Welcome to the legal Land of Oz.
The Michigan Federal Court liked a different spin on “too late.” They used “mootness” which means “too late because the thing you feared already happened and this court can’t fix it now.” While the Plaintiff had been frantically waving his arms begging the courts to stop certification, the political forces in Michigan went ahead and certified anyhow as the courts snoozed. Sorry, bub — too late.
The free and fair election crowd went for a positive spin — “No problem; doesn’t matter.” The newly minted, conservative Supreme Court is the main game. Lower courts getting out of the way is much like the Chicago Bulls clearing the other kind of court so Michael Jordan could take the last shot.
In a stroke of brilliance every non-brainwashed citizen could see, the State of Texas stepped up with the answer. An original complaint to the Supreme Court where the States that followed their election laws sued the States that violated theirs. The claim was also simple — we jointly elect the President as a group of 50 States and our vote is being nullified since four States cheated. The argument was especially strong because if results from the four cheating States were reversed the election result changed.
Since State vs. State is an original complaint to the Supreme Court (not an appeal) the Court had the flexibility to handle it any way they wanted. Twenty-three other States and the campaigns joined in, making it a perfect solution because almost all the players were present and the Court could do whatever was right.
Well, the Supreme Court justices decided to do the one thing that wasn’t right — they ran and hid. “Texas, you have no standing to complain about another State violating its own laws.” What?
The Constitution specifically says States suing other States can file Original Complaints with the Supreme Court. And while, generally, it may be true one State can’t complain about another State violating its own laws—-what in the world does that have to do with a situation where the 50 States jointly elect a President? With all due (rapidly diminishing) respect, what the Supreme Court said is utter nonsense. In the most important game in history, Michael took the ball, put it down on the court, and walked away as time ran out.
So, what are we seeing and where is this going? Sim….