Posted on 12/11/2020 5:32:22 PM PST by Michael.SF.
“Maybe I’m wrong but that doesn’t seem to be a good example.”
—
I think it’s okay as a generic simple explanation of the concept of “standing”. The application to specific cases, including this, is a different matter.
The guy has do many Judas’ and Brutus’
I am not surprised by this decision having read many court opinions. The Supreme Court has historically failed to do the right thing. Dred Scott, Plessy v. Ferguson, Kelo, etc. We need to take power back from our corrupt court system and return it to the people through the state legislatures. Start paying attention to your state judge elections. They are much of the problem.
Alito and Thomas
On the 17th Dec financial services committee will have a haring on financial crimes in this election. We hold the rains there.
We still have for our path to win.
State Legislatures (GA and Az), State judicial, Criminal investigations, ODNI executive order/ congressional testimony, US congress congressional Election College joint hearing
Amen
If your neighbor builds his doghouse on somebody else’s property in another state, that person has standing to sue your neighbor if that person objects - but you have no standing or legal recourse to sue the neighbor.
Setting aside the cross-state aspect for a moment, let me try a similar hypothetical:
If your neighbor built a shed on his property that violated building codes because he got a buddy at city hall to overlook the codes and approve his build after you wanted to build a similar shed and was rejected earlier, can your downstreet neighbor sue because he is afraid that his other neighbor will now want to build a shed just like the other one that was illegally approved?
-PJ
“SCOTUS: We are9-0 in favor of Civil War. Who is a conservative? Nobody. They are cowards”
Read the decision!
The hypotheticals can be pretty interesting illustrations of real scenarios.
They may be waiting for a bit stronger case to get filed . Fraud is a perfectly good reason and there is apparently strong evidence of fraud in the forensic evidence from Michigan. Of course, the Judge in the case has sealed the results so the states. The rest of the states are stonewalling.
Tomorrow is the day ODNI releases his report on election interference. If it is anywhere near what Louis Gohmert and and Sydney Powell are alleging , things will be very different on Monday. Perhaps to a degree that SCOTUS is forced to act become irrelevant.
50 U.S. Code § 1701 - Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities
(a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
(b) The authorities granted to the President by section 1702 of this title may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.)
50 U.S. Code § 1702 - Presidential authorities (a) In general (1) At the times and to the extent specified in section 1701 of this title, the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise— (A) investigate, regulate, or prohibit— (i) any transactions in foreign exchange, (ii) transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof, (iii) the importing or exporting of currency or securities, by any person, or with respect to any property, subject to the jurisdiction of the United States; (B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and.[1] (C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes. (2) In exercising the authorities granted by paragraph (1), the President may require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in paragraph (1) either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of such paragraph. In any case in which a report by a person could be required under this paragraph, the President may require the production of any books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person. (3) Compliance with any regulation, instruction, or direction issued under this chapter shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this chapter, or any regulation, instruction, or direction issued under this chapter. (b) Exceptions to grant of authority The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly— (1) any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value; (2) donations, by persons subject to the jurisdiction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, except to the extent that the President determines that such donations (A) would seriously impair his ability to deal with any national emergency declared under section 1701 of this title, (B) are in response to coercion against the proposed recipient or donor, or (C) would endanger Armed Forces of the United States which are engaged in hostilities or are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances; or [2] (3) the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 4604 [3] of this title, or under section 4605 [3] of this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18; or (4) any transactions ordinarily incident to travel to or from any country, including importation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages.
(c) Classified information In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.
(Pub. L. 95–223, title II, § 203, Dec. 28, 1977, 91 Stat. 1626; Pub. L. 100–418, title II, § 2502(b)(1), Aug. 23, 1988, 102 Stat. 1371; Pub. L. 103–236, title V, § 525(c)(1), Apr. 30, 1994, 108 Stat. 474; Pub. L. 107–56, title I, § 106, Oct. 26, 2001, 115 Stat. 277.)
50 U.S.C. § 1703 - U.S. Code - Unannotated Title 50. War and National Defense § 1703. Consultation and reports
(a) Consultation with Congress
The President, in every possible instance, shall consult with the Congress before exercising any of the authorities granted by this chapter and shall consult regularly with the Congress so long as such authorities are exercised.
(b) Report to Congress upon exercise of Presidential authorities,
Whenever the President exercises any of the authorities granted by this chapter, he shall immediately transmit to the Congress a report specifying--
(1) the circumstances which necessitate such exercise of authority;
(2) why the President believes those circumstances constitute an unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States;
(3) the authorities to be exercised and the actions to be taken in the exercise of those authorities to deal with those circumstances;
(4) why the President believes such actions are necessary to deal with those circumstances; and
(5) any foreign countries with respect to which such actions are to be taken and why such actions are to be taken with respect to those countries.
(c) Periodic follow-up reports
At least once during each succeeding six-month period after transmitting a report pursuant to subsection (b) of this section with respect to an exercise of authorities under this chapter, the President shall report to the Congress with respect to the actions taken, since the last such report, in the exercise of such authorities, and with respect to any changes which have occurred concerning any information previously furnished pursuant to paragraphs (1) through (5) of subsection (b) of this section.
(d) Supplemental requirements
The requirements of this section are supplemental to those contained in title IV of the National Emergencies Act [ 50 U.S.C.A. § 1641 ].
FWIW.President Trump has already declared a formal national emergency on foreign election interference back in 2018 and he issued and executive order to deal with this so we are already in a formal state of emergency on election manipulation
What is needed now is a suitable report.
Director of National Intelligence John Ratcliffe will be delivering the appropriate report on the extent and impact of election interference on Dec 12 - ie tomorrow.
You are, unfortunately, correct.
The fat lady hasn’t sung yet but she is surely clearing her voice.
R.I.P. our Republic.
If it had been Biden or Obama I can imagine they would’ve heard it.
Gorsuch, Barrett, and Kavanaugh came from McConnell's list of approved judges, i.e. the ones that he could push through the worthless Senate. So, those three are flawed, no doubt, as they have just proven.
Not directly injured? Every state that nominated a slate of electors for a particular candidate not named Biden got the shift. Meaning the majority of voters in those states got their votes nullified.
“Our conservative counties should hold off reporting until commie counties have reported 100 percent and then run ballots thru as many times as needed to ensure victory. That seems to be acceptable by courts these days so why not?”
Election night game of chicken?
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