Former Judge Burke: Understanding the Supreme Court’s decision in Texas’ election suit

Okay, Yellow Emoticon. Thanks for the kind words!

Based on state law. Are you claiming that the Constitution does not allow a state to change their laws so that the legislation chooses the electors and not the instate popular vote?

It find that this is an odd hill for you to take a stand on considering you’re usually “Mr. State’s rights, Founding Fathers were always right, the SC is wrong about income taxes.”

[1] NOTE: Over 1 million illegal no-excuse mail in ballots were counted in PA’s election results.

:roll_eyes:
So, once again you deflect and avoid addressing what I posted. Let us try it once again:

Electors are chosen by a popular vote of the people.

If a state’s employees, e.g., in Pennsylvania, violate the State’s Constitution and corrupt the electoral process by introducing a million illegal ballots in a federal electoral process with the intention of favoring a particular candidate, not only has that State’s voters’ right to vote been abridged, but the illegal activity has corrupted the federal electoral process for voters across the nation who have cast ballots in accordance with the rule of law

Elevating a particular candidate in one state by illegal methods is most certainly an abridgement of the right to vote of people in others states whose legal votes are rendered meaningless, and diminished by the amount of illegal ballots counted in another state. [1]

As succinctly stated by Justice Douglas eighty years ago, 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)".

[1] NOTE: Over 1 million illegal no-excuse mail in ballots were counted in PA’s election results.

Do you disagree with anything written above? If so explain.

JWK

Yes, I do disagree, but whenever I explain it you ignore my explanation.

At this point we are arguing your feelings of morality. The Electoral college system makes it so that each state’s method of choosing their electors is completely internal. Yet you’ve decided that if one’s state’s internal process is tainted by something illegal on the state level it somehow effects a voter in a completely different state.

You have failed to prove there’s any difference between the two scenarios I’ve provided numerous times in this thread other than feelings.

The irony of all of this is that I would agree with you if we didn’t have the Electoral College and we actually chose the PUSA via nationwide popular vote.

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Of course it affects voters in other States! And I explained why. But you seem to be purposely obtuse.

Elevating a particular candidate in one state by illegal methods is most certainly an abridgement of the right to vote of people in others states whose legal votes are rendered meaningless, and diminished by the amount of illegal ballots counted in another state.

If, after counting the PA election results a particular candidate would win, and election officials in PA do not like that candidate and add a million illegal ballots to the count so their candidate of choice wins, such action not only is an infringement upon the right to vote for PA’s voters, but likewise negatively affects voters in other States. The fact is, the collective vote of voters within each State, for their chosen candidate who is not liked by PA election officials, is diminished by the illegal ballots added to PA’s election results which not only illegally tilts the election results in the State of PA, but also awards PAs Electoral College vote to a candidate who had really lost in the State of PA…

So, once again, as succinctly stated by Justice Douglas eighty years ago, who you apparently disagree with, and without a legitimately expressed reason, 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)".

[1] NOTE: Over 1 million illegal no-excuse mail in ballots were counted in PA’s election results.

JWK

Biden to re-join Paris Agreement. China wins, United States losses! LINK Too bad you voted for Biden, a globalist/socialist Democrat

Why don’t you stop accusing me of being obtuse and join me at the conclusion that we will never agree on this. As I’ve previously illustrated, this is an argument over feelings. How things go down in PA has no effect on how many electoral votes they, as a state, have, and the Constitution allows state’s to determine how to choose their electors. If there is cheating happening in PA, then the only voter’s who are being abridged are those in PA who voted for Trump. It has no effect on the TX voter’s rights.

United States v. Classic was about congressional elections, not Presidential. The Constitution has different rules for these different contests. The truth is that the Constitution allows the state’s to determine how to assign their electors. As long as PA follows federal law, its none of TX’s business.

Ironic that this time around I’m the one supporting state’s rights.

You see? You are being obtuse and refuse to rebut what I post. Let us try this one more time.

I have already demonstrated that Texas does have a “judicially cognizable interest in the manner in which another State conducts its elections”.

The Supreme Court lied when it ORDERED that Texas did not provide a “judicially cognizable interest in the manner in which another State conducts its elections.”

The irrefutable fact is, elevating a particular candidate in one state by illegal methods is most certainly an abridgement of the right to vote of people in others states whose legal votes are rendered meaningless, and diminished by the amount of illegal ballots counted in another state, and therefore, states so offended by illegal voting practices in a federal electoral process do have a “judicially cognizable interest in the manner in which another State conducts its elections.” [1]

If, after counting the PA election results a particular candidate would win, and election officials in PA do not like that candidate and add a million illegal ballots to the count so their candidate of choice wins, such action not only is an infringement upon the right to vote for PA’s voters, but likewise negatively affects voters in other States. The fact is, the collective vote of voters within each State, for their chosen candidate who is not liked by PA election officials, is diminished by the illegal ballots added to PA’s election results which not only illegally tilts the election results in the State of PA, but also awards PAs Electoral College vote to a candidate who had really lost in the State of PA…[2]

So, once again, as succinctly stated by Justice Douglas eighty years ago, who you and others apparently disagree with, and without a legitimately expressed reason, 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)".

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[1] The U.S. Supreme Court has addressed various circumstances concerning disenfranchisement of votes. For instance, it has held the right to vote is foundational to our Republic and this fundamental right “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). Reynolds, which established the “one person, one vote” doctrine, is the seminal case on voter dilution. Under this concept, a mail-in voting process that would exceed the limits of absentee voting prescribed in Pa. Const. Article VII sec 14 could be construed as violating the “one person one vote.” In that event, the sheer magnitude of the number of mail-in ballots would not be a basis to disregard not only this provision of the Pennsylvania Constitution but also the “one person, one vote” doctrine established by Reynolds, one of the bedrock decisions of the U.S. Supreme Court. . . . See Texas Bill of Complaint

[2] NOTE: Over 1 million illegal no-excuse mail in ballots were counted in PA’s election results.

JWK

image

Our socialist/fascist revolutionaries, which now control the Democrat Party Leadership, are known for accusing others of what they themselves are guilty of.

I’m not being obtuse no matter how large and bold you make the font. Shall I start accusing you of being obtuse because you are refusing to even comment on my point?

Emphasis mine to point out that this is an argument about feelings. The SC didn’t lie… TX indeed has no judicially cognizable interest in the manner in which another State conducts its elections because they are separate states and the Constitution allows state’s to decide how to choose their electors. Texas can’t tell PA how to run their presidential elections and vice versa.

By that measure its against the law to change how many electors a state has or to add any new state’s because that will lead to a dilution of the weight of a citizen’s right to vote.

States’ rights!

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Of course you are being obtuse by intentionally not rebutting what I posted HERE and going off on a tangent.

Additionally, now you added another element to your list of characteristics ___ failing to be original in ending your posts.
:roll_eyes:

P.S. It’s powers reserved to the States. Not States’ rights. Seems you can’t even digest the wording in our Constitution.

JWK

The Democrat Party’s Revolutionary Leadership, detests people being left free to mutually agree in their contracts and associations.

What is there left to rebut? Choosing electors is an internal state affair and none of another state’s business. Not even the Supreme Court agrees with you.

Frankly is absurd to complain about a voter’s right to vote being abridged in context of the electoral college. There is no federal right to vote for President.

The purpose of mockery is not originality. You have not presented a mic drop worthy argument.

Well, if you have nothing to rebut, then you apparently do agree the Supreme Court lied when it ORDERED that Texas did not provide a “judicially cognizable interest in the manner in which another State conducts its elections.”

Why didn’t you express your agreement on this a long time ago instead of obfuscating, deflecting and plain out beating around the bush?

JWK

“From each according to their ability to pay, to each who needs help living a decent life.” ___ fallenturtle

Actually I said, “nothing left to rebut” and I actually did respond to your opinion that the supreme court lied, are you not reading what I post?

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:roll_eyes:

Yup! You sure did “respond”, but offered no rebuttal. Are you not understanding what has been posted?

JWK

When it comes to healthcare and helping the needy, our socialist Democrat Party Leadership has no moral compass whatsoever. They refuse to make the distinction between CHARITABLE GIVING and tax tyranny to support the health care needs of millions of illegal entrants and foreign aliens.

Clearly no matter what I post you’ll accuse me of being obtuse and offering no rebuttal despite the fact that I’ve numerous times illustrated why how electors are chosen in one state has no effect on the vote of a voter in another state other than feelings.

How can a voter’s right to vote for president be abridged by another state if they have no right to vote for president on the federal level?

If you really cared about an individual’s voice in electing our presidents then you would reconsider your support for the electoral college. But you don’t, do you? You’re just grasping at straws in hopes of delegitimizing the election of President Biden.

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:roll_eyes:

And that is patently false as I demonstrated IN THIS POST

JWK

First the President is cut off from twitter, then Sen. Hawley’s book is cancelled, then the WalkAway Facebook page is taken down, Parler is removed, and even Mike Lindell, our pillow guy, is banned from Twitter by its socialist revolutionary control freaks. Is it not self-evident a dangerous and un-American pattern is developing to cancel patriotic conservative speech?

Do you believe the US Constitution grants a US citizen the right to vote for president, and if so, where?

So, rather than stick to the conversation at hand, you switch the subject.

The irrefutable fact is, the Texas lawsuit did raise legitimate federal questions concerning Art. II, § 1, cl. 2, ,i.e., illegal voter rule changing by a State. Let us not forget what the S.C. stated in

“In McPherson v. Blacker, 146 U. S. 1 (1892), we 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.”

And, as succinctly stated by Justice Douglas eighty years ago, 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)".

Additionally, and with respect to the Robert’s Court dereliction of duty to hear the Texas Lawsuit, it was best 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.

So, once again all you offer is unsubstantiated opinions, obfuscate and appear to embrace state violations of election law which has corrupted our federal election process.

I guess the difference between us is, I am a firm supporter of our "rule of law’, and would hold the same position I now do if the circumstances were reversed.

JWK

“If the Constitution was ratified under the belief, sedulously propagated on all sides that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?” ___ Justice Story

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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?

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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You even started the thread. Come on man.

Well, I was hoping someone could answer the question:

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

JWK

Understandable. I will.

No.