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Forrester Case Still Live in the Supreme Court
Special to Free Republic ^ | 11 October 2002 | John Armor (Congressman Billybob)

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.


TOPICS: Breaking News; Constitution/Conservatism; Free Republic; Government; Politics/Elections; US: Hawaii; US: New Jersey
KEYWORDS: benny; constitution; forrester; lautenberg; newjersey; nj; supremecourt; torricelli
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Just sorting things out for the benefit of FReepers. Y'all deserve to be ahead of the curve.
1 posted on 10/11/2002 7:53:12 AM PDT by Congressman Billybob
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To: Congressman Billybob
From the other thread to start discussion (with thanks for all you contribute on matters constitutional):

Interesting SNAFU by the clerk. Unfortunately, I think that your Catch 22 scenario may play the Court's hand. They can't toss a duly elected Senator, especially if it means control. Lautenberg needs to win. The issue, however, would not necessary be moot in that the issue is surely to arise again (think Hawaii) and the Court may say "Okay, Rats, here's the Rule of Law, to be enforced strictly by the District Courts and if they are in your pocket the Court of Appeals and if it is the Ninth then us. All on shortened time." Maybe throw a little reference to Rule 11 of the FRCP in their as a reminder for the lawyers who consider filing in the future.

I can dream can't I? ;^)

2 posted on 10/11/2002 7:55:44 AM PDT by eureka!
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To: Congressman Billybob
ThankYou for your CLARIFICATION!
3 posted on 10/11/2002 7:56:13 AM PDT by bandleader
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To: Congressman Billybob
The case is dead for emergency relief, but it is very much alive for decision in due course (meaning about eight months from now).

Which means that Loserburg will be on the ballot, and if he wins he will maintain his seat in the Senate and election victory if the SCOTUS rules that it was too late to put him on the ballot. Unless somehow the SCOTUS can invalidate his election and have him removed from office. Which I do not think they can do. And if they did, then McGreevy would just appoint his replacement.

Which is probably going to happen anyway. I doubt Loserburg will stay in the Senate very long.

4 posted on 10/11/2002 7:56:36 AM PDT by Phantom Lord
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To: Congressman Billybob
Why wait 8 months? Surely the SCOTUS would see the urgency of this matter and take it up now you would think. Maybe they want the Democraps to see how many elections they can throw before they rule it unconsitutional.
5 posted on 10/11/2002 7:57:27 AM PDT by Bommer
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To: Congressman Billybob
Thanks Congressman for the update.

But, I hope that you are wrong and that the USSC will hear the case if Lautenberg wins as well. My reasoning: The Dems argued to the NJSC that throwing out the 51-day rule "wouldn't harm" the GOP.

If Lautenberg wins, then the argument that the ballot change "wouldn't harm" the GOP would be obviously false since they admitted they would lose with the Torch.

But I still have faith in NJ-ites to vote out the SLEAZY Lautenberg-Toricelly-McGreedy machine. Just Do It.

6 posted on 10/11/2002 7:58:51 AM PDT by RobFromGa
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To: Congressman Billybob
I don't think the court will wait until after the election to take the case; if they don't take it before the election, they will not take it at all for oral arguments, but they mayy issue something that scolds the NJSC for violating the Constitution.
7 posted on 10/11/2002 8:00:01 AM PDT by MHGinTN
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To: Congressman Billybob
Thanks.
8 posted on 10/11/2002 8:00:04 AM PDT by Huck
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To: Congressman Billybob
eight months? Isn't that a little too late in this case?
9 posted on 10/11/2002 8:00:09 AM PDT by Big Guy and Rusty 99
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To: Congressman Billybob
Thanks for the scoop. Let's hope the cert. petition is rendered moot by a Forrester victory.
10 posted on 10/11/2002 8:00:11 AM PDT by mondonico
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To: Phantom Lord
Unless somehow the SCOTUS can invalidate his election and have him removed from office. Which I do not think they can do.

Each House of Congress judges its own members' qualifications. The Court has no power to remove a Senator from office, and there is, practically speaking, no way that the Senate will expel Lautenberg on this basis, even if the Court rules that NJ election laws were violated.

11 posted on 10/11/2002 8:00:39 AM PDT by stndngathwrthistry
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To: Congressman Billybob
It just proves what I've been saying all along: The SCOTUS has ensured that whatever relief comes will be too late to make a damn bit of difference.

IF Forrester loses, and IF the SCOTUS takes the case and rules in Forrester's favor, SO WHAT?

The votes can't be taken back, and NJ will have elected an officially certifiable cheat. Lousenberg won't be removed, and the 'Craps will have gotten away with it.

The 'Craps have already gotten away with it.

12 posted on 10/11/2002 8:01:45 AM PDT by Cyber Liberty
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To: Congressman Billybob
thanks
13 posted on 10/11/2002 8:01:45 AM PDT by The Wizard
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To: Phantom Lord
Or. Lousenberg Could win, and the Pubbies gain control, And refuse to seat him, claiming he should not have been on the Ballot, and seat Forrester, due to his outgaining Torriscummy, and assorted third party nuts.

Then Te court could step in, after it was decided that way, and rule against SCONJ. ending all argument, but without taking part in the Political Shenanigans.

14 posted on 10/11/2002 8:02:57 AM PDT by hobbes1
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To: Bommer
Surely the SCOTUS would see the urgency of this matter

It is clearly too late to change the ballots again. If we were concerned about overseas and military absentee ballots a week and a half ago, we're guilty of outrageous hypocrisy if we demand that the SCOTUS turn around and invalidate the Lautenberg ballots even today, never mind next week. Lautenberg's on the ballot, and on the ballot he'll stay. It's too late for any other course of action. Forrester needs to beat him.

15 posted on 10/11/2002 8:03:13 AM PDT by Lyford
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To: eureka!
They can't toss a duly elected Senator

Isn't that the essence of the action?

16 posted on 10/11/2002 8:08:38 AM PDT by Eala
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To: eureka!
Seems like we should take a look at this clerk. No one could be that stupid.
17 posted on 10/11/2002 8:09:50 AM PDT by pepsionice
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To: Big Guy and Rusty 99
eight months? Isn't that a little too late in this case?

Yeah, but it's about precedent. And in future decisions precedent is the bed rock of interpretation.

I hope the USSC takes this case seriously as an afront to the constitutionally mandated separation of powers.

18 posted on 10/11/2002 8:13:01 AM PDT by Damocles
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To: Congressman Billybob
Congressman, with regards to "what is the remedy?", wouldn't the way out of the painted corner be, in such an instance, to dismiss the case stating "no remedy exists"? Isn't that the final ruling of the SCOFLAw regarding Bush v. Gore in their (ordered) case dismissal?
19 posted on 10/11/2002 8:15:56 AM PDT by William McKinley
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To: Congressman Billybob
And by the way, THANKS for bringing your expertise to Free Republic!
20 posted on 10/11/2002 8:16:40 AM PDT by William McKinley
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