The United States Supreme Court (SCOTUS) has abandoned Congress and the American people in failing to expedite the consideration of two Petitions requesting writs of certiorari to the Supreme Courts of Pennsylvania and Wisconsin.
Certiorari is the means by which SCOTUS orders the State Supreme Courts to deliver to it any case record for review of their decisions.
The first Petition and Motion to Expedite were filed on 21 December 2020 (see image below) on behalf of Donald J Trump for President Inc. - the re-election campaign for President Trump - (Petition 1)
Petition 1 claims:
"Article II of the Constitution provides that "Each State shall appoint [electors for President and Vice President] in such Manner as the Legislature thereof may direct." U.S. Const. art. II, § 1, cl. 2 (emphasis added). That power is "plenary," and the statutory provisions enacted by the legislature in the furtherance of that constitutionally-assigned duty may not be ignored by state election officials or changed by state courts. Bush v. Gore ("Bush II"), 531 U.S. 98, 104-05 (2000).
Yet, during the 2020 presidential election, that is what the Pennsylvania Supreme Court did in four cases – three at issue in this Petition, and one already before the Court. Statutory requirements were eliminated regarding signature verification, the right of campaigns to challenge invalid mail ballots, mandates that mail voters fill in, date, and sign mail ballot declarations, and even the right of campaigns to observe the mail ballot canvassing process in a meaningful way."
The Motion to Expedite the consideration of Petition 1 has been met with stony silence by SCOTUS.
The second Petition and Motion to Expedite were filed on 29 December 2020 by a different law firm (see image below) on behalf of Donald J Trump, Michael R Pence and Donald J Trump for President Inc. (Petition 2)
Petition 2 claims:
Article II of the Constitution provides that "[e]ach State shall appoint" electors for President and Vice President "in such Manner as the Legislature thereof may direct." U.S. Const. art. II, § 1, cl. 2 (emphasis added). That power is "plenary," and the statutory provisions enacted by the Legislature of a State, in the furtherance of that constitutionally delegated duty, may not be ignored by state election officials or changed by state courts. Bush v. Gore, 531 U.S. 98, 104-05 (2000).
Yet during the 2020 presidential election, officials in Wisconsin, wrongly backed by four of the seven Justices of the Wisconsin Supreme Court, ignored statutory provisions which tightly regulate absentee balloting - identified by the Legislature as "mandatory," such that ballots in violation of them "may not be counted." They require that absentee ballots be delivered only by mail or by hand delivery to the clerk, photo i.d. must be supplied to obtain ballots (with limited, inapplicable exceptions), and absentee ballots missing the required witness address may be "cured" only by the voter, and not by the clerk.
Collectively, this resulted in the counting of at least 50,125 absentee ballots in heavily Democrat areas, in violation of the directives of the Wisconsin Legislature - more than enough to have affected the outcome of the presidential election in Wisconsin, in which the vote margin stands at 20,682."
SCOTUS has again showed no interest in dealing with the Motion to Expedite the consideration of Petition 2.
Congress and the American people have been left to settle their election differences on 6 January 2021 without SCOTUS determining the meaning of Article II of the Constitution – which directly impacts the election results not only in Pennsylvania and Wisconsin, but also Georgia, Michigan, Arizona and Nevada.
SCOTUS needs to urgently justify its studied silence.
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