Posted on 10/11/2002 7:53:12 AM PDT by Congressman Billybob
I have just checked to find out what documents were filed in the US Supreme Court by Doug Forrester. The lamestream media has blown it, big time. So has the Court's Press Office. Forrester has NOT filed anything new in the Supreme Court this week. On the other hand, the case is still live.
Last week, Forrester filed TWO documents with the US SC. One was the Request for Emergency Relief (which was denied not by Justice Souter alone, but by the whole Court). The other, however, was a Petition for Writ of Certiorari, which is the standard request for the Court to take a case in due course.
Somewhere between Justice Souter's office and the Clerk's Office they LOST TRACK of the Petition for Cert. The Press Office released the FALSE information that only the Request for Emergency Relief had been filed. A lawyer for the National Republican Senatorial Court had to trot over to the Court and point out that there were TWO documents filed, not just one.
Late yesterday, the Court "FOUND" the Petition for Cert, which has NOT been acted upon. The Clerk docketed that paper. The press noticed the docketing, and assumed that Forrester had filed a new case. This was a false conclusion, based on the Court's Press Office getting things wrong at the beginning.
Bottom line: the status of this case in the Supreme Court is exactly what I surmised. The case is dead for emergency relief, but it is very much alive for decision in due course (meaning about eight months from now).
The US SC does not have a set deadline to decide whether to take any case. They certainly will not decide whether to take this one until they see the election results in New Jersey. If Forrester wins, I think it highly likely that four Justices will vote to take the case (that's all it takes), and that will be done. The case will be briefed, argued, and decided.
If Lautenberg wins, the Court will have painted itself into a corner. If they rule for Forrester, what is the remedy? Does the US SC dare issue an Order throwing out a Member of the Senate? To avoid embarrassing themselves, the Court would be unlikely to take the case in that situation.
What I have just said here is the plain unvarnished truth. Anything you read to the contrary in the lamestream media is hogwash. Trust me, I know these things.
Fox News showed the new ads that the Republicans are running in NJ race last night. Shows kids taking exams in school wanting Lautenburg to come in and take their test for them. Also shows kid losing in one on one, quit rather than lose saying if Toricelli can do it, I can. The point of the ads is what the Dems, Toricelli, and Lautenburg are doing to our kids values by these shennighans.
McGreevy could appoint Lautenburg to serve temporarily and then call a special election for 2004.
Um. I think you missed the emphasis. I'm under the impression it's about whether he is "duly elected".
And by the way, THANKS for bringing your expertise to Free Republic!
And in the Cloakroom, Dick is KING!
And who do you think would win that election? Forrester has to do it this Nov. He wont get a better shot. Dem turnout maybe reduced this election but probably not in the future.
Billybob
Why the US Supreme Court
should (must) act before the November election
The NJ Democrat ballot switch is a clear bait and switch tactic. It's like going to a car dealer and paying for a Buick to be delivered the following month. Come next month the car dealership delivers a Pontiac. Sure it's a GM (General Motors) car but it's no Buick, it's a Pontiac. No politician, bureaucrat or judge would pass legislation, regulation or judgment allowing for that bait and switch to happen. If they did, they should be impeached/removed from their job.
A couple of hypothetical examples that are irrelevant to the issue but worth expressing so as to highlight the previous juxtaposition.
If Torrcelli had died or his health incapacitated him to the point of being unable to hold office, here's the analogy.
If all the Buick's had been destroyed in a plant fire it's understandable how the car dealership would offer the pre-paid car buyer a Pontiac instead. But the car dealer wouldn't force the buyer to switch from the Buick to a Pontiac. No politician or bureaucrat -- judges included -- would pass legislation, regulation or judgment allowing car dealerships to force buyers to take the switch. If they did, they should be impeached/removed from their job. What would more likely happen is that the government would fine the car dealership for trying to pull a bait and switch. In actuality, the car dealership would give the car buyer his money back. In view of the November election, Torrcelli didn't die nor does his health incapacitate him from holding office.
That Torrcelli was deemed untrustworthy, as shown by polls, had a car buyer been confronted with a Buick to Pontiac bait and switch, they would refuse to buy any car from that car dealer. Now, if only NJ voters would make that connection and abandon the NJ Democrat candidates.
"Sir, you mean to tell me that if you pre-paid for a Buick to be delivered next month that you would accept the car dealer trying to force you to take delivery of a Pontiac instead, when it seems far more likely that if the car dealer did treat you with such disrespect -- a dupe to be bait and switched -- that you would demand your money back and refuse to buy any car from that car dealer?"
All that said about the bait and switch is more than enough reason that the US Supreme Court should take the case before the November 5 elections. ...And decide that bait and switch is illegally. Just as it is illegal for a car dealer to do, it's illegal for a political party to do.
If the US Supreme Court decides that the bait and switch is legal, well, the US Supreme Court will have announced that the highest court in the land is ethically bankrupt and not to be trusted. Further more, for justice to prevail all judges that voted in favor of the bait and switch must be removed from the bench. Any judge that votes in favor of the fraud perpetrated by the NJ Democrat party and furthered by the NJ Supreme Court is unfit to sit on the bench.
Having said that, if the US Supreme Court neglects their obligation to ensure prompt justice in this matter, and if Lautenberg does win the election and the US Supreme Court takes the case they have willingly entered into thwarting the separation of powers. Because if they decide that Lutenberg was wrongfully placed on the ballot then he must be removed from office by the US Supreme Court. Justice will have prevailed. Yet it was the NJ Supreme Court that first thwarted the separation of powers. Doing so by not upholding the power of the NJ legislature to set election laws. Instead, the NJ Supreme Court usurped the NJ Legislature's just power. In effect NJ Supreme Court decision said that NJ election law was an opinion, not law.
Summary. The United States Supreme Court must take the case and decide that the bait and switch was illegal, because if they don't, they will have announced that the US Supreme Court is ethically bankrupt and not to be trusted. The US Supreme Court must decide the case before the November 5 election, because if they don't, they will be forcing themselves to thwart the separation of powers. If the US Supreme Court decides not to take the case it becomes complicit in denying Justice. Failing to correct the unjust NJ Supreme Court usurpation of NJ Legislative power. It is one thing for a citizen to sit idle in witness of a crime. The citizen has broken very little trust and society will go on virtually unaffected -- 99.999 percent unaffected. It is quite another thing for the highest officials in the Department Of Justice to sit idle in witness of a crime. The highest court in the land will have broken massive trust and caused massive loss of confidence in the rule of law.
Bottom line: The US Supreme Court can do one of two things (1) uphold justice and the separation of powers or, (2) deny justice and deny the separation of powers.
I would hope at least a civil lawsuit against Torch and the DNC whether he wins or loses the race...
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