Category Archives: Courts

In Which the Supreme Court Gets One Right, Sort Of

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The Supreme Court has ruled, for now, that the Trump administration’s policy of not allowing census-counted illegal aliens to be included in States’ post-census Federal Congressional reapportionment decisions can stand.

Following its ruling earlier this month that allowed the Trump administration to remove illegal aliens from the 2020 Census count, the Supreme Court on December 28 threw out two lower court decisions that went the other way, that barred the government from eliminating that population from the process of allocating congressional seats and Electoral College votes that officially determine the presidency.

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Obfuscating Harm

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The Wall Street Journal has an opinion on the nature of Texas’ suit against four other States regarding their conduct of the 2020 Presidential election in their States.

This legal analysis will upset many readers….

The Editors’ analysis is itself flawed:

Can a state be harmed by the way other states conduct their elections?

and

This one [Texas’ suit] concerns election law in states other than Texas.

And many other, similar statements. These are attempts to change the subject that would make Saul Alinsky proud.

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The Dangers of a Biden Judiciary

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It’s well enough known that Progressive-Democratic Party Presidential candidate Joe Biden disdains the conservative nature—which is to say that of adhering to the actual text of our Constitution and any statute in a case—of the judiciary as populated by President Donald Trump (courtesy of Biden’s BFF, ex-President Barack Obama (D), who left so many judicial seats empty).

Now, it’s become especially crystalline. Here’s Cynthia Hogan, who was then-Vice President Biden’s counsel and earlier, then-Senate Judiciary Committee member Biden’s counsel:

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Too Much Deference

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On Wednesday last, the Supreme Court enjoined Governor Andrew Cuomo’s (D) New York State administration from enforcing its gathering rule that had the effect of targeting, particularly, religious institutions and gatherings.

Much has been made of the ruling, Justice Neil Gorsuch’s concurring opinion, and Chief Justice John Roberts’ dissenting opinion.

Here’s the pertinent part of the ruling’s opening paragraph:

Respondent is enjoined from enforcing Executive Order 202.68’s 10- and 25-person occupancy limits on applicant pending disposition of the appeal in the United States Court of Appeals for the Second Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought.

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A Thought on Brann’s Decision

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Recall that Federal District Judge Matthew Brann dismissed the Trump campaign lawsuit that sought to reject hundreds of thousands of votes in Progressive-Democratic-run Pennsylvania counties because, the suit alleged, changes to State voting rules violated our Constitution’s equal protection requirement.

Brann ruled in part that he

has no authority to take away the right to vote of even a single person, let alone millions of citizens.

What Brann chose not to consider is that he also has no authority to see the vote of even a single person, let alone millions of citizens (more accurately, hundreds of thousands; “millions” is his cynical exaggeration), be diluted to the point of meaninglessness by illegally cast or illegally counted ballots.

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Some Editors Don’t Get It

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The Wall Street Journal‘s Editorial Board, in its Friday edition, ran a piece strongly decrying the Left’s and their Progressive-Democratic Party’s shrill attacks on Justice Sam Alito for his effrontery in decrying their attacks on freedom of speech and freedom of religion. In those personages’ eyes, Alito behaved despicably in two ways: defending those two freedoms, and any others, is far too political a thing for any mere Justice to do. And he did it in front of that dastardly bastion of individual liberty, the Federalist Society.

Then the editors deprecated their otherwise excellent piece with this, near the end of their editorial:

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Misunderstanding the Court’s Role

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Here, the misunderstanding is of the role our court system, including our Supreme Court, plays in our elections.

Recall that President Donald Trump’s campaign lawyers have filed a number of lawsuits challenging various States’ vote counting procedures. In particular, the lawyers have filed, in Federal court, alleging that

some of the state’s [Pennsylvania’s] actions, and particularly the exclusion of Republican poll-watchers during the counting of hundreds of thousands of mail-in ballots, violated federal constitutional requirements.

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A Misapprehension

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John Yoo, Senate Majority Leader Mitch McConnell (R, KY), and others, are suggesting that, given the apparent irregularities (because I’m being polite) in several States’ ballot acceptance and counting procedures, “the courts may decide the election.”

McConnell, et al., misunderstand the situation. The courts won’t decide anything. This election has been decided by American voters. It may take the courts to enforce our decision, though.

There would seem to be strong cases, too, for reversing those…irregularities. Our Constitution’s Article I, Section 4 says pretty explicitly that State legislatures set the Times, Places and Manner of holding Elections… and that Congress may at any time by Law make or alter such Regulations. There’s no wiggle room there.

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Our Courts

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Throughout this latest Supreme Court Justice nomination and confirmation process, which culminated in Monday night’s swearing-in of Judge, now Justice, Amy Comey Barrett, one of the refrains of the Left has been that the Court has gone too far right and no longer reflects “the population of the United States;” the Court and the courts are “out of touch with the preferences of today’s American population.” The Left demands that our courts “better represent the values of the American people.”

Even, the Supreme Court must act within those values and preferences alone because our Constitution itself has gone out of touch with the people.

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A State Appellate Court

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One in Michigan got one right. The Michigan Court of Appeals has reversed a State Court of Claims decision that would have counted ballots postmarked by Election Day but received up to two weeks later.

The appellate court held that

[D]esigning adjustments to our election integrity laws is the responsibility of our elected policy makers, not the judiciary….

The court also held that

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