General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe latest MAGA/QANON crackpot lawsuit that will "restore Donald Trump as President"
Meet: Brunson v Adams
By Tim Canova
Professor of Law and Public Finance
Nova Southeastern University Shepard Broad College of Law
While there has been much public attention on the U.S. Supreme Courts present consideration of the independent state legislature theory in Moore v. Harper involving North Carolinas redistricting, that case would not immediately upend the 2020 presidential election.
In contrast, a little-known case that appeared recently on the Court docket could do just that. The case of Brunson v. Adams, not even reported in the mainstream media, was filed pro se by ordinary American citizens four brothers from Utah seeking the removal of President Biden and Vice President Harris, along with 291 U.S. representatives and 94 U.S. senators who voted to certify the electors to the Electoral College on Jan. 6, 2021 without first investigating serious allegations of election fraud in half a dozen states and foreign election interference and breach of national security in the 2020 presidential election. The outcome of such relief would presumably be to restore Donald Trump to the presidency.
The important national security interests implicated in this case allowed the Brunsons to bypass an appeal that was frozen at the U.S. Court of Appeals for the 10th Circuit and get the case to the Supreme Court which has now scheduled a hearing for January 6, 2023. The Brunson Petition for a Writ of Certiorari would require the votes of only four justices to move the case forward.
It seems astounding that the Court would wade into such waters two years to the day after the Congressional vote to install Joe Biden as president. But these are not normal times. Democrats may well push legislation in this months lame duck session of Congress to impose term limits and a mandatory retirement age for justices, and thereby open the door to packing the Court.
Such a course would seem to be clear violations of Article III, Section 1 of the Constitution which provides that Justices shall hold their Offices during good Behavior. In addition to such institutional threats to the Supreme Court, several justices and their families have been living under constant threats to their personal security since the overturning of Roe v. Wade.
The INDIVIDUAL (he couldn't even get a Trump lawyer to assist) who filed this got tossed in State Court and then got blown out by the 10th Circuit and has appealed to the Supreme Court. It's on the Court's docket for the Jan 6 Conference which the MAGA folks are convinced they're going to rule on the Election, put Trump back in office and arrest everyone in Congress. Please stand by with bated breath.
Named persons in their capacities as United States House Representatives: ALMA S. ADAMS; PETE AGUILAR; COLIN Z. ALLRED; MARK E. AMODEI; KELLY ARMSTRONG; JAKE AUCHINCLOSS; CYNTHIA AXNE; DON BACON; TROY BALDERSON; ANDY BARR; NANETTE DIAZ BARRAGAN; KAREN BASS; JOYCE BEATTY; AMI BERA; DONALD S. BEYER JR.; GUS M. ILIRAKIS; SANFORD D. BISHOP JR.; EARL BLUMENAUER; LISA BLUNT ROCHESTER; SUZANNE BONAMICI; CAROLYN BOURDEAUX; JAMAAL BOWMAN; BRENDAN F. BOYLE; KEVIN BRADY; ANTHONY G. BROWN; JULIA BROWNLEY; VERN BUCHANAN; KEN BUCK; LARRY BUCSHON; CORI BUSH; CHERI BUSTOS; G. K. BUTTERFIELD; SALUD 0. CARBAJAL; TONY CARDENAS; ANDRE CARSON; MATT CARTWRIGHT; ED CASE; SEAN CASTEN; KATHY CASTOR; JOAQUIN CASTRO; LIZ CHENEY; JUDY CHU; DAVID N. CICILLINE; KATHERINE M. CLARK; YVETTE D. CLARKE; EMANUEL CLEAVER; JAMES E. CLYBURN; STEVE COHEN; JAMES COMER; GERALD E. CONNOLLY; JIM COOPER; J. LUIS CORREA; JIM COSTA; JOE COURTNEY; ANGIE CRAIG; DAN CRENSHAW; CHARLIE CRIST; JASON CROW; HENRY CUELLAR; JOHN R. CURTIS; SHARICE DAVIDS; DANNY K. DAVIS; RODNEY DAVIS; MADELEINE DEAN; PETER A. DEFAZIO; DIANA DEGETTE; ROSAL DELAURO; SUZAN K. DELBENE;
Ill
ANTONIO DELGADO; VAL BUTLER DEMINGS; MARK DESAULNIER; THEODORE E. DEUTCH; DEBBIE DINGELL; LLOYD DOGGETT; MICHAEL F. DOYLE; TOM EMMER; VERONICA ESCOBAR; ANNA G. ESHOO; ADRIANO ESPAILLAT; DWIGHT EVANS; RANDY FEENSTRA; A. DREW FERGUSON IV; BRIAN K. FITZPATRICK; LIZZIE LETCHER; JEFF FORTENBERRY; BILL FOSTER; LOIS FRANKEL; MARCIA L. FUDGE; MIKE GALLAGHER; RUBEN GALLEGO; JOHN GARAMENDI; ANDREW R. GARBARINO; SYLVIA R. GARCIA; JESUS G. GARCIA; JARED F. GOLDEN; JIMMY GOMEZ; TONY GONZALES; ANTHONY GONZALEZ; VICENTE GONZALEZ; JOSH GOTTHEIMER; KAY GRANGER; AL GREEN; RAUL M. GRIJALVA; GLENN GROTHMAN; BRETT GUTHRIE; DEBRA A. HAALAND; JOSH HARDER; ALCEE L. HASTINGS; JAHANA HAYES; JAIME HERRERA BEUTLER; BRIAN HIGGINS; J. FRENCH HILL; JAMES A. HIMES; ASHLEY HINSON; TREY HOLLINGSWORTH; STEVEN HORSFORD; CHRISSY HOULAHAN; STENY H. HOYER; JARED HUFFMAN; BILL HUIZENGA; SHEILA JACKSON LEE; SARA JACOBS; PRAMILA JAYAPAL; HAKEEM S. JEFFRIES; DUSTY JOHNSON; EDDIE BERNICE JOHNSON; HENRY C. JOHNSON JR.; MONDAIRE JONES; DAVID P. JOYCE; KAIALPI KAHELE; MARCY KAPTUR; JOHN KATKO; WILLIAM R. KEATING; RO KHANNA; DANIEL T. KILDEE; DEREK KILMER; ANDY KIM; YOUNG KIM; RON KIND; ADAM KINZINGER; ANN KIRKPATRICK; RAJA KRISHNAMOORTHI; ANN M. KUSTER; DARIN LAHOOD; CONOR LAMB; JAMES R. LANGEVIN; RICK LARSEN; JOHN B. LARSON; ROBERT E. LATTA; JAKE LATURNER; BRENDA L. LAWRENCE; AL LAWSON JR.; BARBARA LEE; SUSIE LEE; TERESA LEGER FERNANDEZ; ANDY LEVIN; MIKE LEVIN; TED LIEU;
IV
ZOE LOFGREN; ALAN S.LOWENTHAL; ELAINE G. LURIA; STEPHEN F. LYNCH; NANCY MACE; TOM MALINOWSKI; CAROLYN B. MALONEY; SEAN PATRICK MALONEY; KATHY E. MANNING; THOMAS MASSIE; DORIS 0. MATSUI; LUCY MCBATH; MICHAEL T. MCCAUL; TOM MCCLINTOCK; BETTY MCCOLLUM; A. ADONALD MCEACHIN; JAMES P. MCGOVERN; PATRICK T. MCHENRY; DAVID B. MCKINLEY; JERRY MCNERNEY; GREGORY W. MEEKS; PETER MEIJER; GRACE MENG; KWEISI MFUME; MARIANNETTE MILLER-MEEKS; JOHN R. MOOLENAAR; BLAKE D. MOORE; GWEN MOORE; JOSEPH D. MORELLE; SETH MOULTON; FRANK J. MRVAN; STEPHANIE N. MURPHY; JERROLD NADLER; GRACE F. NAPOLITANO; RICHARD E. NEAL; JOE NEGUSE; DAN NEWHOUSE; MARIE NEWMAN; DONALD NORCROSS; ALEXANDRIA OCASIO-CORTEZ; TOM O'HALLERAN; ILHAN OMAR; FRANK PALLONE JR.; JIMMY PANETTA; CHRIS PAPPAS; BILL PASCRELL JR.; DONALD M. PAYNE JR.; NANCY PELOSI; ED PERLMUTTER; SCOTT H. PETERS; DEAN PHILLIPS; CHELLIE PINGREE; MARK POCAN; KATIE PORTER; AYANNA PRESSLEY; DAVID E. PRICE; MIKE QUIGLEY; JAMIE RASKIN; TOM REED; KATHLEEN M. RICE; CATHY MCMORRIS RODGERS; DEBORAH K. ROSS; CHIP ROY; LUCILLE ROYBAL-ALLARD; RAUL RUIZ; C. A. DUTCH RUPPERSBERGER; BOBBY L. RUSH; TIM RYAN; LINDA T. SANCHEZ; JOHN P. SARBANES; MARY GAY SCANLON; JANICE D. SCHAKOWSKY; ADAM B. SCHIFF; BRADLEY SCOTT SCHNEIDER; KURT SCHRADER; KIM SCHRIER; AUSTIN SCOTT; DAVID SCOTT; ROBERT C. SCOTT; TERRI A. SEWELL; BRAD SHERMAN; MIKIE
SHERRILL; MICHAEL K. SIMPSON; ALBIO SIRES; ELISSA SLOTKIN; ADAM SMITH; CHRISTOPHER H.
V
SMITH; DARREN SOTO; ABIGAIL DAVIS SPANBERGER; VICTORIA SPARTZ; JACKIE SPEIER; GREG STANTON; PETE STAUBER; MICHELLE STEEL; BRYAN STEIL; HALEY M. STEVENS; STEVE STIVERS; MARILYN STRICKLAND; THOMAS R. SUOZZI; ERIC SWALWELL; MARK TAKANO; VAN TAYLOR; BENNIE G. THOMPSON; MIKE THOMPSON; DINA TITUS; RASHIDA TLAIB; PAUL TONKO; NORMA J. TORRES; RITCHIE TORRES; LORI TRAHAN; DAVID J. TRONE; MICHAEL R. TURNER; LAUREN UNDERWOOD; FRED UPTON; JUAN VARGAS; MARC A. VEASEY; FILEMON VELA; NYDIA M. VELAZQUEZ; ANN WAGNER; MICHAEL WALTZ; DEBBIE WASSERMAN SCHULTZ; MAXINE WATERS; BONNIE WATSON COLEMAN; PETER WELCH; BRAD R. WENSTRUP; BRUCE WESTERMAN; JENNIFER WEXTON; SUSAN WILD; NIKEMA WILLIAMS; FREDERICA S. WILSON; STEVE WOMACK; JOHN A. YARMUTH; DON YOUNG; the following persons named are for their capacities as U.S. Senators; TAMMY BALDWIN; JOHN BARRASSO; MICHAEL F. BENNET; MARSHA BLACKBURN; RICHARD BLUMENTHAL; ROY BLUNT; CORY A. BOOKER; JOHN BOOZMAN; MIKE BRAUN; SHERROD BROWN; RICHARD BURR; MARIA CANTWELL; SHELLEY CAPITO; BENJAMIN L. CARDIN; THOMAS R. CARPER; ROBERT P. CASEY JR.; BILL CASSIDY; SUSAN M. COLLINS; CHRISTOPHER A. COONS; JOHN CORNYN; CATHERINE CORTEZ MASTO; TOM COTTON; KEVIN CRAMER; MIKE CRAPO; STEVE DAINES; TAMMY DUCKWORTH; RICHARD J. DURBIN; JONI ERNST; DIANNE FEINSTEIN; DEB FISCHER; KIRSTEN E. GILLIBRAND; LINDSEY GRAHAM; CHUCK GRASSLEY; BILL HAGERTY; MAGGIE HASSAN; MARTIN HEINRICH; JOHN HICKENLOOPER; MAZIE HIRONO; JOHN HOEVEN; JAMES INHOFE; RON
VI
JOHNSON; TIM KAINE; MARK KELLY; ANGUS S. KING, JR.; AMY KLOBUCHAR; JAMES LANKFORD; PATRICK LEAHY; MIKE LEE; BEN LUJAN; CYNTHIA M. LUMMIS; JOE MANCHIN III; EDWARD J. MARKEY; MITCH MCCONNELL; ROBERT MENENDEZ; JEFF MERKLEY; JERRY MORAN; LISA MURKOWSKI; CHRISTOPHER MURPHY; PATTY MURRAY; JON OSSOFF; ALEX PADILLA; RAND PAUL; GARY C. PETERS; ROB PORTMAN; JACK REED; JAMES E. RISCH; MITT ROMNEY; JACKY ROSEN; MIKE ROUNDS; MARCO RUBIO; BERNARD SANDERS; BEN SASSE; BRIAN SCHATZ; CHARLES E. SCHUMER; RICK SCOTT; TIM SCOTT; JEANNE SHAHEEN; RICHARD C. SHELBY; KYRSTEN SINEMA; TINA SMITH;
DEBBIE STABENOW; DAN SULLIVAN; JON TESTER; JOHN THUNE; THOM TILLIS; PATRICK J. TOOMEY; HOLLEN VAN; MARK R. WARNER; RAPHAEL G. WARNOCK; ELIZABETH WARREN; SHELDON WHITEHOUSE; ROGER F. WICKER; RON WYDEN; TODD YOUNG; JOSEPH ROBINETTE BIDEN JR in his capacity of President of the United States; MICHAEL RICHARD PENCE in his capacity as former Vice President of the United States, and KAMALA HARRIS in her capacity as Vice President of the United States and JOHN and JANE DOES 1-100.
https://www.supremecourt.gov/DocketPDF/22/22-380/243739/20221027152243533_20221027-152110-95757954-00007015.pdf
Initech
(100,063 posts)The right wing are desperate to hold onto power and they are stupid enough to try anything.
brooklynite
(94,502 posts)There were plenty of cases where they could have ruled in Trump's favor. He's lost every one.
Initech
(100,063 posts)Silent3
(15,204 posts)I don't think they'd side with the plaintiffs in this bonkers lawsuit, but I am a little worried they'd be brazen enough to side with the "independent state legislature" theory.
They've certainly eagerly worked to help Republicans erode voting rights in many other ways, and only in ways that help Republicans, not Democrats.
Mr.Bill
(24,282 posts)but it won't work. They are simply too stupid to pull off something like this.
Think about it. They tried a coup that relied on Mike Pence, for Pete's sake. And Dan Quayle talked him out of it. Who saw that coming?
Initech
(100,063 posts)That is still completely insane to me!
SomedayKindaLove
(529 posts)I never would have thought the rise of fascism could be so comical? Comically inept? Trump, Guiliani and My Pillow have been so asinine they seem like characters in a comedy of errors.
mercuryblues
(14,530 posts)I had that on my bingo card.
bucolic_frolic
(43,128 posts)Princess Turandot
(4,787 posts)...paid to him (at least I think they would be paid to him) per the lower court filings. I did not attempt to figure out what that's based on, except he does mention 'estoppel'. He specified that the funds should be tax-free.
When this reached the SCOTUS 'petition for a writ of certiorari' desk, they asked the respondent (the U.S.) to respond, as is usual. The office of the Solicitor General then waived its right to do so, as is also usually done in a case like this, 'unless requested to do so by the Court' itself. That didn't happen. I'd say that's a clue.
BTW, the case was first filed in June 2021, in the state court system in Utah. In August 2021, it was removed to federal court because he was suing federal officers.
On or about June 21, 2021, Plaintiff filed a civil action in state court in the Second Judicial District Court of Weber County, Ogden Department, State of Utah, case no. 210903303, claiming $2.905 billion in tax free money and seeking the immediate removal from office of all of the named Defendant Federal Officers and other relief against them, and also the immediate reinstatement of Donald J. Trump as President of the United States of America, for an alleged violation of Plaintiffs rights, in that he claims these Defendant Federal Officers violated their oaths of office and waged war on this country and the unalienable God-given rights of its citizens by not further investigating claims that the 2020 Presidential election was rigged and fraudulent as Plaintiff claims it was before these Defendants accepted the electoral votes presented beginning on January 6, 2021.
SCOTUS Docket: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-380.html
LetMyPeopleVote
(145,130 posts)TFG lawyers may have standards