Posted on 12/25/2020 9:20:03 PM PST by Hostage
The lawsuit before the Supreme Court seeks to direct the Vice President to refuse to include the Electoral votes from five states until those state legislatures can certify their votes.
In one of the most potent lawsuits to reach the US Supreme Court, the Amistad Project has filed a lawsuit on a point of constitutional order that would force the President of the Senate – Vice President Mike Pence – to remand the Electoral College votes of five states to their respective legislatures for certification.
The Thomas More Society’s Amistad Project filed a lawsuit on December 22, 2020, claiming that a several federal and state laws, some enacted under the guise of COVID protection, had unconstitutionally and illegally delegated the authority of the various state legislatures to certify Electoral College votes to state executive branches.
The Amistad Project is arguing that the state legislatures of Pennsylvania, Michigan, Wisconsin, Georgia, and Arizona – by virtue of this unconstitutional transfer of power, were prohibited from exercising their rightful power under the US Constitution to certify the presidential Electors’ votes cast on December 14, 2020, in their respective states.
Under Article II of the US Constitution, presidential Electors must be appointed by each state in the manner prescribed by the state’s legislature:
The lawsuit charges that Article II prohibits state legislatures from delegating their power to state executive branch officials in any capacity as there is no authority granted to delegate the power.
“There are textual and structural arguments for these state statutes being unconstitutional,” the lawsuit reads, adding that the offending state laws are an “unconstitutional delegation of the state legislative prerogatives of post-election certifications of Presidential votes and of Presidential electors.”
The lawsuit also contends that some of the state legislatures in question, many of which are adjourned until January 2021, are being deliberately prevented from meeting – for partisan political purposes – to perform their post-election certification duty per the US Constitution.
The Amistad Project cited governors in at least two states who refuse to call a special session – per state constitutional stricture – so that the legislatures can legally perform their constitutional mandates.
“The very body that is responsible for how these electors are selected, can’t even meet after the election, up through January. So that’s unconstitutional, in that it’s a delegation of authority to a governor of a legislative function. That is not allowed,” Phil Kline, director of the Amistad Project, told reporters.
The lawsuit names as defendants Vice President Mike Pence, both houses of Congress, and various executive branch and legislative officials from the five states named in the suit.
The relief the Amistad Project seeks from the US Supreme Court is for the High Court to declare sections of the federal and state laws that empower the several state executives with post-election certification authority as unconstitutional.
The lawsuit also seeks to prevent Vice President Mike Pence, who will be presiding over the counting the Electoral College votes, and Congress from including the votes from Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin until their individual state legislatures are able to meet and – independent of their states’ executive branches – certify the votes.
A call from National File reporters to Vice President Pence’s chief of staff ended abruptly when the subject of the Vice President’s adherence to his constitutional duties was broached.
To date, his office has not issued a declarative statement as to whether he will execute his constitutional duty to protect the legitimacy of the Electoral College vote.
Yes, all hell will break loose but it will anyway.
Bravo to Phillip Kline!!!
Very impressive work!
I’d much prefer to see “all hell break loose” than see our Republic die a tragic death in a few weeks!!!
How awful that Pence has to be coerced into doing the right thing. Trump has stood by him since day one, but like everyone else, Pence seems to be MIA.
If Pence rejects electors, does that make Pelosi president until Congress can agree on what to do next?
There is some question as to whether Pence has the testicular fortitude to embrace the liberties expressed by, and enshrined in, our founding principles.
Have Vegas bookies made payouts yet on the November 3rd event?
The most recent report I find is from midNovember.
I am curious as to how many other states used COVID-19 as an excuse to circumvent vote integrity.
More and more pressure is now being applied to State Legislatures, Congress, and to VP Pence. Let us see where they really stand.
With President Trump or, with the corrupt deep state RINO’s and Dems DC Establishment. If they choose the latter, it puts our country just that much closer to a Time of Choosing.
We are Rapidly Approaching a “Tree of Liberty” moment where the Replenishment with the Blood of Patriots and of Tyrants will be necessary to secure our Liberty for our Posterity. The only question that remains is, ARE WE UP TO IT?
No, Pelosi is not President unless Trump or Biden fail to be sworn in. She would be a temporary President but a dangerous one. It won’t get that far.
Possibly a 12th Amendment process will proceed but a nasty court battle will take place in parallel or before. Trump wins under a 12th Amendment process, expect Democrats and Establishment to fight tooth and nail to stop any 12th Amendment proceeding even though it’s mandated by the Constitution.
This lawsuit will go nowhere with this derelict Supreme Court but as long as Pence is being sued, he can either step down or go along with Biden Electors or postpone the count of Electors until the matter is resolved.
The lawsuit appears to be designed to buy time.
As the Supreme Court has been deliberately sitting on emergency petitions, allowing the Democrats and Establishment to run out the clock, the Court will show its true colors if it moves this Amistad lawsuit up ahead of others in order to deny it standing.
God bless Phil Kline and Amistad Project!!
He/they are doing the Lord’s work.
A “Hail Mary Pass “?
The USSC is an Appellate Court unless this was filed in some Federal District Court and a ruling issued there, which doesn’t seem to be the case, then the SC will reject it out of hand.
Another stunt making the people pursuing this look like crackpots with dubious legal credentials...
Good point but Phil Kline is no lightweight and he has cases before the Supreme Court.
Even if this case is in district court, it gives Pence an out.
Pence is a defendant and must respond.
you’re the one millionth person to talk about replenishing the Tree of Liberty with blood.
Again, I saw no such replenishment when the Confederate flag was basically outlawed in public or when statues of prestigious Americans were torn down en masse for NO good reason.
Now again everyone typing from the safety of home (including me) is talking bout replenishing the Tree of Liberty.
So I expect to see very few people online after January as they will be out backing their words.
We’ll see
I am thinking more like the Boston Tea Party. Just like the Patriots dumped the British tea in the harbor, dump cable tv.
Stop funding the MARXIST media.
January 20th would be the perfect day to dump the MARXIST media.
There is no obligation for Pence to respond if the action is filed in the wrong Court...
They wont be affected by that...havent so far..not paying taxes en mass..maybe that would send message.
Yes, because we have to do it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.