General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court Reconsiders Case to Reinstate Trump
The U.S. Supreme Court is set to consider whether or not to hear a lawsuit that seeks to remove President Joe Biden from the White House and reinstate former President Donald Trump to office.
The Brunson v. Adams lawsuit claims that lawmakers violated their oaths of office by allegedly failing to investigate a foreign intervention in the 2020 presidential race which allegedly rigged the election against Trump.
https://www.msn.com/en-us/news/politics/supreme-court-reconsiders-case-to-reinstate-trump/ar-AA17DfTm?ocid=hpmsn&cvid=6123feaca78e45c4bd42d1ebe63e946e
no_hypocrisy
(54,908 posts)How this lawsuit got this far is beyond me.
Model35mech
(2,047 posts)The R's have been shaping the battlefields for decades
They're a minority party so they have focused on control/leverage that doesn't depend on winning elections.
WiVoter
(1,620 posts)In a nutshell. Concise, to the point, and covers all aspects of that lawless orange assholes criminal operation. Well said.
no_hypocrisy
(54,908 posts)There are strict rules in Civil Procedure. When you have no evidence, you risk losing your case before it begins, either by dismissal or summary judgment. Sure, you can appeal, but you have to either show that there was evidence or the court made an egregious error that made due process impossible.
While I agree that unqualified judges have been placed on the Bench, how do you get around precedent, stare decisis, and the Federal Rules of Civil Procedure?
Model35mech
(2,047 posts)to advance the conservative cause.
Even if the case loses somewhere along the appeals process, media coverage of the case produces rose colored stories that fall to conservative voters like valentines cookies, and the base gets fatter and fatter on misinformation.
That makes it easier and easier to bring the next baseless lawsuit.
I urge people to watch and read the news and ask themselves, what is the truth? We live in a bad time for the United States. We are now in a state of not-so-cold civil war. Big Red Money and Radical Red States are doing everything they can to thwart the power and leadership of the central government (especially when it isn't in their control).
I suspect we will soon find out if a nation constructed to be a union of constituent states loyal to a central government can long stand,
when that union is subverted by confederacy of wannabe independent sovereign states.
LiberalFighter
(53,544 posts)onenote
(46,142 posts)This case got "this far" because there are rules, generally applicable to all litigants, governing the process by which cases are heard, appealed, and ultimately decided.
This complaint, which is a piece of garbage filed by a pro se litigant against 100s of members of Congress, among others, originally was filed in state court. The defendants moved to have the case heard in federal court and that motion was granted. In the district court, the case was originally assigned to Senior Judge Bruce Jenkins, a Carter appointee who recused himself, probably because at age 95, he's decided not to hear many cases. The case was reassigned to Jill Parish, an Obama appointee, who dismissed the case for lack of subject matter jurisdiction. An appeal was filed with the 10th Circuit and a unanimous 3-judge panel, consisting of one Trump judge, one Bush judge and one Reagan judge, affirmed the district court ruling in a relatively short opinion without oral argument (the portion of the decision listing the names of all of the defendants was three times the length of the discussion rejecting the appeal. The plaintiff then, as is his right, petitioned for certiorari to the Supreme Court, where his petition was denied. Again, as his right, he has filed a petition for rehearing of the denial of cert under Sup. Ct. Rule 44.2. It will be reviewed, as are all petitions sent to the court, and acted upon. That action will be, without the slightest doubt, the denial of the petition in the next few days.
Nothing about this case has a anything to do with "friends in high places on the courts."
Liberal In Texas
(16,270 posts)Thnx.
Ocelot II
(130,538 posts)it will be dismissed for good.
Cha
(319,079 posts)seeing that headline.
Freaking 4 years of him and these ensuing years After that he's Bellowed his big head off.
Ocelot II
(130,538 posts)but not any more, was intended to scare us and make us take the whole thing seriously, when it's nothing but another frivolous lawsuit jumping through some routine procedural hoops but not really going anywhere.
Cha
(319,079 posts)thread I got that exactly what you're saying.
EYESORE 9001
(29,732 posts)On one hand, the SC will blow this excremental lawsuit out of the water. We hope. Thats the other hand, which is shaking with fear and rage.
Tickle
(4,131 posts)hlthe2b
(113,973 posts)Joinfortmill
(21,169 posts)Celerity
(54,410 posts)yet people keep posting its claptrap.
Hell, you have people still posting the Murdoch RW shitrag NY Post here.
JohnSJ
(98,883 posts)Newsweek is not a legitimate news source:
https://www.splcenter.org/hatewatch/2022/11/04/newsweek-embraces-anti-democracy-hard-right
malaise
(296,118 posts)FBaggins
(28,706 posts)They rejected all amici and denied cert without dissent. The administration felt no need to even respond.
This is a (humorously amateurish) petition to reconsider that decision
which will get smacked down just as quickly.
bucolic_frolic
(55,143 posts)Of course they won't remove Joe Biden to install Trump. But they have already acknowledged the legitimacy of the challenge by hearing the case. So the next challenge could be more successful. Next time.
Scrivener7
(59,522 posts)republiQans play very long games.
If they decide to hear this ridiculous case, it will give the question a legitimacy it should never have.
Ocelot II
(130,538 posts)onenote
(46,142 posts)You can take that prediction to the bank. The petition for rehearing is an embarrassing joke and if it had been filed by an attorney, which it wasn't, that attorney would be opening himself or herself to sanctions.
onenote
(46,142 posts)They haven't "heard" the case beyond what is required by the generally applicable (and constitutionally mandated) procedures applicable to such litigation. The case was dismissed by the district court (an Obama judge) for lack of subject matter jurisdiction without having to address the merits. That decision was upheld on appeal, without even holding oral argument, by a unanimous three judge court consisting of one Bush, one Reagan, and one Trump judge. And the petition for certiorari, filed as a matter of right, was rejected by the Supreme Court without the US government even bothering to file an opposition and the denial of cert is currently awaiting the court's decision on a petition for rehearing, also filed as a matter of right.
Buckeyeblue
(6,352 posts)Thomas will vote yes, Ginni will get paid, and everyone else will vote no.
Response to Hotler (Original post)
Celerity This message was self-deleted by its author.
czarjak
(13,639 posts)JohnSJ
(98,883 posts)"Fact Check-U.S. Supreme Court denied petition to hear case alleging fraudulent 2020 election"
"Misleading. The U.S. Supreme Court is not currently considering Brunsons case; the Court denied his petition for review of prior rulings on Jan. 9.
This article was produced by the Reuters Fact Check team. Read more about our work to fact-check social media posts here."
https://www.reuters.com/article/factcheck-scotus-petition-election/fact-check-u-s-supreme-court-denied-petition-to-hear-case-alleging-fraudulent-2020-election-idUSL1N33Y1SU
It should surprise no one since Newsweek pushed an editorial John Eastmen wrote:
"Shortly after Hammer and Newsweek published Eastmans op-ed, the lawyer pushed the Stop the Steal disinformation campaign and helped lay out a blueprint for Trump staging a coup following his defeat in the election. Hammer has portrayed Eastman on his podcast as a victim of a corrupt FBI, which he claims targets Trump supporters unfairly. (The FBI seized the embattled lawyers phone this June.) Eastman has also involved himself in other anti-democracy activism, including lobbying the Supreme Court to adopt independent state legislator theory, which would further advance gerrymandering and weaken U.S. elections."
Newsweek is no longer a credible source:
https://www.splcenter.org/hatewatch/2022/11/04/newsweek-embraces-anti-democracy-hard-right
The fact that there is no evidence is besides the point
JohnSJ
(98,883 posts)"The Supreme Court of the United States (SCOTUS) declined to hear a lawsuit that claimed lawmakers violated their oaths of office by refusing to investigate an allegedly fraudulent 2020 general election, but social media users are sharing a headline about the case as if the SCOTUS is still considering it."
........
"A docket search on the SCOTUS website shows the petition was docketed on Oct. 24, 2022, and distributed for a scheduled conference on Jan. 6, 2023 (here). The Courts website also shows the petition was denied on Jan. 9, 2023 (here).
While the headline in the screenshot accurately describes the status of the case as of Friday Jan. 6, posts continued to be shared after SCOTUSs Jan. 9 decision to reject it"
.........
"Misleading. The U.S. Supreme Court is not currently considering Brunsons case; the Court denied his petition for review of prior rulings on Jan. 9.
This article was produced by the Reuters Fact Check team.."
https://www.reuters.com/article/factcheck-scotus-petition-election/fact-check-u-s-supreme-court-denied-petition-to-hear-case-alleging-fraudulent-2020-election-idUSL1N33Y1SU
onenote
(46,142 posts)The rehearing petition was timely filed pursuant to Sup. Ct. Rule 44.2. Like virtually all such petitions, it will be rejected as a matter of course.
Polybius
(21,902 posts)What would happen?
FBaggins
(28,706 posts)What if Congress went rogue and raised the tax rate to 100%?
One would hope that in each of these cases - the other two branches would fix the problem
but Elections have consequences and can result in the wrong people getting real power to screw up our lives.
onenote
(46,142 posts)Equally likely.
They denied the petition just a few weeks ago. What makes you think they would change their minds? The petition is a piece of garbage that would draw sanctions if it had been written and filed by a lawyer --- it wasn't so the Court probably will just deny it and move on.
ZonkerHarris
(25,577 posts)Initech
(108,783 posts)Baitball Blogger
(52,350 posts)onenote
(46,142 posts)Brunson has a right under the Supreme Court rules to ask for rehearing. They almost never are granted and this one wasn't granted either. It was denied on February 21 along with a slew of other rehearing petitions.
Marthe48
(23,175 posts)Another step down for the (formerly) supreme court of the U.S.
What a freaking nightmare.
Initech
(108,783 posts)brooklynite
(96,882 posts)ANY petition to the Court gets put on the docket for the next judicial conference. When the order list comes out(probably Tuesday) itll be thrown out as abruptly as it was the first time. Add to high a petition for reconsideration requires that some NEW evidence or legal situation has to be brought up. If you read the petition, youll see its the same crackpot argument.
GoldandSilver
(186 posts)Unless of course there is a ulterior motive. I lost faith in a honest Supreme Court a long time ago.