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SCOTUS shirks its responsibility when needed most

By David Singer - posted Tuesday, 19 January 2021


11 December 2020 will be remembered as the date when America was abandoned by its legal system at a time when it was needed most.

On that date the United States Supreme Court (SCOTUS) refused to hear:

STATE OF TEXAS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, STATE OF GEORGIA, STATE OF MICHIGAN, AND STATE OF WISCONSIN, Defendants

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The case challenged the 2020 Presidential election results – an election whose legitimacy was being questioned by President Trump and the 74 million people who voted for him but was also being affirmed by President-elect Joe Biden and the 85 million people who voted for him.

The Supreme Court's running sheet for the case (see image below) belies what was happening.

23 Motions - supporting either the Plaintiff or Defendants or neither – had been filed by:

1. DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES,

2. STATE OF MISSOURI AND 16 OTHER STATES IN SUPPORT OF PLAINTIFF - Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia

3. 18 PERSONS IN SUPPORT OF DEFENDANTS – lawyers and others who have worked in Republican administrations, and former Senators, governors and Congressional representatives – who had an interest in seeing that judicial decisions about the forthcoming election are based on sound legal principles.

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4. 4 CONSTITUTIONAL ATTORNEYS IN SUPPORT OF PLAINTIFFS

5. THE STATE OF ARIZONA AND MARK BRNOVICH, ARIZONA ATTORNEY GENERAL

6. THE STATE OF OHIO IN SUPPORT OF NEITHER PARTY

7. THE DISTRICT OF COLUMBIA AND THE STATES AND TERRITORIES OF CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, GUAM, HAWAII, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, NORTH CAROLINA, OREGON, RHODE ISLAND, VERMONT, VIRGINIA, U.S. VIRGIN ISLANDS, AND WASHINGTON IN SUPPORT OF DEFENDANTS

8. U.S. Representative Mike Johnson and 125 Other Members of the U.S. House of Representatives in Support of Plaintiff

9. 12 Michigan State Legislators, 4 Pennsylvania State Legislators and 5 Individual Voters Group

10. LIEUTENANT GOVERNOR JANICE MCGEACHIN, SENATOR LORA REINBOLD, and 39 ELECTED STATE OFFICIALS FROM ALASKA, ARIZONA, AND IDAHO IN SUPPORT OF PLAINTIFF

11. STATES OF MISSOURI, ARKANSAS, LOUSIANA, MISSISSIPPI, SOUTH CAROLINA, AND UTAH

12. 71 MEMBERS OF THE PENNSYLVANIA GENERAL ASSEMBLY

13. 24 REPUBLICAN PENNSYLVANIA STATE SENATORS IN SUPPORT OF NO PARTY

14. CHRISTIAN FAMILY COALITION (CFC) FLORIDA, INC. IN SUPPORT OF PLAINTIFF

15. BRYAN CUTLER, SPEAKER OF THE PENNSYLVANIA HOUSE OF REPRESENTATIVES, AND KERRY BENNINGHOFF, MAJORITY LEADER OF THE PENNSYLVANIA HOUSE OF REPRESENTATIVES IN SUPPORT OF PLAINTIFF

16. CITY OF DETROIT IN SUPPORT OF DEFENDANTS

17. FREEDOM FUND IN SUPPORT OF PLAINTIFF

18. 16 members of the Georgia State Senate and 12 members of the Georgia State House of Representatives who all served in the legislature in 2019, when it amended Title 21 of the Official Code of Georgia to govern elections held in the State

19. L. LIN WOOD IN SUPPORT OF PLAINTIFFS

20. STEVE BULLOCK, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF MONTANA IN SUPPORT OF DEFENDANTS

21. Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC in Support of Plaintiff

22. 20 MEMBERS OF THE DEMOCRATIC CAUCUS OF THE SENATE OF PENNSYLVANIA IN SUPPORT OF DEFENDANTS

23. STATE OF NEW CALIFORNIA AND NEW NEVADA STATE IN SUPPORT OF PLAINTIFF

SCOTUS sent all these parties packing to resolve their differences elsewhere.

SCOTUS went on to deny expedited hearings on 11 January 2021 for two further Petitions filed on behalf of President Trump. They seem certain to end up in the garbage bin of history - unheard – like the Texas motion.

SCOTUS - and the rule of law – has been irreparably damaged by these three outrageous decisions.

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About the Author

David Singer is an Australian Lawyer, a Foundation Member of the International Analyst Network and Convenor of Jordan is Palestine International - an organisation calling for sovereignty of the West Bank and Gaza to be allocated between Israel and Jordan as the two successor States to the Mandate for Palestine. Previous articles written by him can be found at www.jordanispalestine.blogspot.com.

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Creative Commons LicenseThis work is licensed under a Creative Commons License.

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