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

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

.

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.

Well, then what is your 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?

Seems to me without our Supreme Court addressing the questions raised, is to invite more corruption into our federal election process, eventually leaving us with the kinds of elections which take place in Venezuela, Cuba, etc.

Does this not disturb you?

JWK

Because Texas doesn’t have standing to challenge any other state’s election process.

Article I, Section 4

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

Emphasis mine. Not Texas for any other state.

But, 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.”

And so, we get back to the question: what is the Court’s 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

There was no evidence of acts of corruption ever presented.

As pointed out above, 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 "

By refusing to hear the case, the existing evidence you elude to was never heard by the Supreme Court.

JWK

Texas does not have standing. No evidence of acts of corruption have been presented.

That’s not how this works.