Posted on 12/15/2008 8:10:50 AM PST by STARWISE
The Supreme Court orders denied Wrotnowski v. Bysiewicz application for staying the election as well as requesting that the Court would grant an injunction disallowing the Electoral College to hold its vote today until Barack Obama’s eligibility could be finally determined:
________________________
08A469
WROTNOWSKI, CORT V. BYSIEWICZ, CT SEC. OF STATE
The application for stay and/or injunction addressed
to Justice Scalia and referred to the Court is denied.
________________________
CitizenWells’ letter to the Electoral College
http://citizenwells.wordpress.com/2008/12/14/citizen-wells-letter-to-electors-electoral-college-uphold-us-constitution-december-15-2008-electors-vote-obama-is-not-eligible-demand-proof-2008-election-election-laws-political-party-pledges/
presents the next potential opportunity along the process of attempting to inform the nation about Barack Obama’s seeming ineligibility to serve in the office of the President.
Also, I have my thoughts on the next steps in this process.
A current listing of eligibility lawsuits can be found here.
State-based initiatives for electoral reform can be found here.
http://www.therightsideoflife.com/?page_id=1909
Naturally, this posting will be updated as circumstances warrant.
Update: CitizenWells isn’t happy about this decision at all. Read up on what he’s doing about it.
http://citizenwells.wordpress.com/2008/12/15/wrotnowski-v-bysiewicz-us-supreme-court-december-15-2008-justices-decide-cort-wrotnowski-versus-connecticut-secretary-of-state-bysiewicz-writ-of-mandamus-obama-not-eligible-stay-denied/
Update: InvestigatingObama’s question may be “asked and answered:” Is the Judicial Review Allowed Only After the Electoral College Vote?
http://investigatingobama.blogspot.com/2008/12/is-judicial-review-allowed-only-after.html
There has been debate about what Constitutional remedies exist and when they can be used. I think you are right. And Berg’s case is still hanging around as it addresses a different issue. Fun to watch but not so fun to experience.
Thanks for the ping. Dare we hope that the Supremes are waiting for Obama to be sworn in before they step in? It is an interesting view of the possibilities, but frankly I am beginning to think nothing is going to be done by the supremes. However, this issue will dog Obama for the next 4 years as it should. He has been the most secretive candidate in world history. There is fire behind all of Obama’s smoke and mirrors.
Blogger admits Hawaii birth certificate forgery, subverting Obama claims (Uh-oh)
http://www.freerepublic.com/focus/f-bloggers/2040486/posts?page=6496
You can fool all of the people some of the time.
Is the Judicial Review Allowed Only After the Electoral College Vote?
Judge Alsup wrote, “Mechanisms exist under the Twelfth Amendment and 3 U.S.C. 15 for any challenge to any candidate to be ventilated when electoral votes are counted, and the Twentieth Amendment provides guidance regarding how to proceed if a president elect shall have failed to qualify. Issues regarding qualifications or lack thereof can be laid before the voting public before the election and, once the election is over, can be raised as objections as the electoral votes are counted in Congress. Therefore, this order holds that the challenge presented by plaintiff is committed under the Constitution to the electors and the legislative branch, at least in the first instance. Judicial review � if any � should occur only after the electoral and Congressional processes have run their course.” Timing is everything… you maybe the only one able to raise an “objection”
SCOTUS denying the stay was to be expected. They won’t go against media attention, i.e., hurt their golden boy, osama.
Search for “electoral college” in the last 12 hours in blogs reveals these items:
http://blogsearch.google.com/blogsearch?hl=en&ie=UTF-8&as_drrb=q&as_qdr=t&q=electoral+college
One interesting item:
###
Monday, December 15, 2008
Junk Arguments Against the Electoral College [Matthew J. Franck]
In today’s Wall Street Journal, Jonathan Soros (son of George) writes that “It’s Time to Junk the Electoral College.”
I have no doubt that the electoral college will survive this latest assault, but bad arguments ought to be slapped down anyway—especially on the very day when the electors meet in their state capitals to cast their official ballots.
Soros backs an idea first floated by the Brothers Amar (law professors Akhil and Vikram), which would undo the electoral college but not by amending the Constitution to eliminate it.
Instead, state legislatures (responsible for legislating the manner in which presidential electors are chosen) would write statutes that would award their electoral votes to the party whose candidate won a nationwide popular-vote majority.
Rest here:
http://bench.nationalreview.com/post/?q=NTE3Y2ZlNjQ0YmMzNjc0MzRkODQzNWQzZDkwYjUxNzE=
~~~
The man behind the curtain .. and he’ll be pulling
strings now ... more than ever. God help us.
1. Can this case be reubmitted or
2. Does the SCOTUS have to wait for another case or
3. Could / Would SCOTUS take action on their own without a pending case before it?
The Supreme Court has no authority whatsoever over the Electoral College. The Court cannot tell them to do, or not to do, anything.
See post 26 for link originally posted by STARWISE.
Re-reading it, I note it references the 20th Amendment, which answers the question “if O is disqualified, what then?” indicating the current answer is: Biden acts as President until either the House chooses someone, or March 4th arrives.
1. The Wrotnowski case cannot be resubmitted. It sought only to delay the Elecoral College vote, which happens today. The issue is moot after today’s vote.
2. SCOTUS would have to wait for a new case addressing the outcome on January 8.
3. SCOTUS cannot act without a case to act on.
I wish I possessed the legal smarts to untangle
the meaning of that. Hope someone can explain
if there’s any validity to this as a possible
option.
I read it(not sure I undertand it all though).
Question: What ‘congressional processes’ must ‘run their course’ before the judiciary can weigh in?
That is where this issue sounds like it will die. The dems in control are not going to allow the congress to touch their messiah.
I am in a bit of a pessimist mood this morning, so forgive me. Our country has been taken over by a bunch of Chicago thugs and media marxists!
My only complaint is that citizens need to be Constitutional scholars in order to know when to act.
That is one scary post!! Mob rule.
see ctdonath2’s post 18. Best explanation I’ve seen.
See ctdonath2's post 18.
Soros and his spawn are pure evil. He will soon be POTUS.
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