NOTE: This was also a discussion topic here:#Thinkwing: Mon,2/20/2017, 9PM @KPFTHouston 90.1FM. TOPICS: “Not My President’s Day, What happens in Sweden …. , A Govt by Generals & Billionaires, What sayeth the 1st Amendment?, ‘Writ of Mandamus before SCOTUS, A Govt Civics Discussion-How Our Govt Is Designed – A Primer, More. GUEST: OPEN FORUM [AUDIO]
FEBRUARY 22, 2017 – I have been following this story in Daily Kos since early February. I’ve talked about twice on each of my last two shows.
Despite it’s potential Constitutional importance, it seems to be flying under the proverbial radar in every other major media outlet to the point of invisibility, and yet it is of potentially — and literally — of world-shaking importance.
There is a Writ of Mandamus before the Supreme Court.
Until today, it was ‘merely’ a request to be considered before the Court for oral arguments. A decision was due by February 21, 2017. Today, it has been decided that the Writ will be distributed among all the Justices for consideration for open oral arguments before the full SCOTUS.
Original Filing requesting the SCOTUS to issue a Writ of Mandamus, as screen-captured from https://www.supremecourt.gov/search.aspx?filename=/docketfiles/16-907.htm
Here is how the request for a Writ is being put before the court, as explained in the original article:
“While the world is paying attention to theatrical battles over President Trump’s executive orders and cabinet nominees, a largely unnoticed and potentially landmark case sits before the Justices of the Supreme Court of the United States. A petition for a writ of mandamus seeking to nullify the results of the 2016 U.S. Presidential election sits on the SCOTUS docket.
The article goes on the explain the significance of the Writ request:
“A petition for a writ of mandamus is a filing imploring a Court to take mandatory action in the nature of public duty. The writ – filed Jan 18, 2017 by Diane Blumstein, Donna Soodalter-Toman, and Nancy Goodman – has been assigned docket number 16-907.”
The grounds for the writ are as follows:
“The main argument for the writ is that, per Article IV § 4 of the U.S. Constitution, it is the job of the federal government to keep U.S. territory safe from foreign invasion. The Constitution stipulates, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.” The petition cites evidence of such an invasion, namely the Russian hacking, and asks that the entire 2016 election be nullified, all the way back to the primaries, on the grounds that cyber-territory in the U.S. was invaded with the intention of altering the results of our Presidential election. The petitioners seek an entirely new election.
Now comes the earth-shaking, Constitutional Crisis-inducing demand of the Writ:
“Per Title 28 of the U.S. Code § 1251, SCOTUS has “original jurisdiction” over cases like this due to the involvement of a foreign state. There is no remedy for the foreign cyber-invasion, they argue, other than complete nullification.”
It will be at least another month before we get the next chapter in this astonishing chapter of US history.
ADDITIONAL LINKS:
- Precedent?: Russian Interference Could Give Courts Legal Authority To Install Clinton, By Alex Mohajer, Political Writer and Commentator (Huffington Post) 12/10/2016 06:28 am ET | Updated 6 days ago (12/13/2016)
- Donald Trump is making a strong case for a recount of his own 2016 election win, By Aaron Blake, Nov 28, 2016 (Washington Post):
