It seems no attorney has yet unlocked the key to a perfectly presented case, with proper standing, jurisdiction, form, plaintiff, etc. But they keep swinging, and I don’t think they’re going away.
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Latest re Keyes v Bowen
Superior Court of California
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*snip*
These respondents demur that the Court has no jurisdiction over the subject of this action (Code Civ. Proc. § 430.10(a)). The demurrer is sustained on this ground as well. Federal law establishes the procedure for election of the President and Vice President and establishes the exclusive means for challenges to the qualifications of the President and Vice President.
That procedure is for objections to be presented before the United States Congress pursuant to 3 U.S.C. section 15. Petitioners’ belief in the importance of their arguments is not sufficient to confer jurisdiction upon this Court.
These respondents also contend that the case is not justiciable—that it is moot in all respects except those that are unripe. The Court finds this argument well taken.
The case is clearly moot. The Secretary of State already placed the candidates’ names on the ballot, the election has already taken place, the Electors were certified elected by the Secretary of State, met and cast their votes, the governor certified those results and transmitted them to the President of the Senate, and President Obama and Vice President Biden have now been inaugurated and are engaged in the duties of their offices.
It is too late for relief against the Secretary of State and the California Electors as to the 2008 General Election. And as to any future election, the claims are not ripe.
There is no actual controversy which admits of definitive and conclusive relief, as distinguished from an advisory opinion upon a hypothetical state of facts. (Selby Realty Co. v. City of San Buenaventura (1973) 10 Cal.3d 110, 117; Pacific Legal Foundation v. California Coastal Comm’n (1982) 33 Cal.3d 158.)
The Request of President Barack Obama et al. for Judicial Notice in Support of Demurrer is GRANTED.
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Perhaps Donofrio’s Quo Warranto approach, which would have to be voluntarily undertaken by Atty General Holder and DC US Atty, are now the proper legal approach, but the chances of them taking up this mantle are probably very slim ... but, you never know.
If lawsuits against BHO are in fact initiated in the future in droves by folks aggrieved by bills he’s signed into law, as has been speculated, that could generate a pressure cooker of trouble that would be very hard to ignore.
God bless America.
Ooops
“undertaken by Atty General Holder and DC US Atty”
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Should be:
Holder OR DC US Atty
Thanks for posting this STARWISE...and for ALL your other posts :)