The Supreme Court and the Electoral “Safe Harbor.” – by Amie Gibbons
Hello again, everyone. This is Amie Gibbons. Urban fantasy, mystery, and paranormal romance author, cat mom, and most importantly for today’s post, political nut and lawyer!
The lawyer hat is on, so it’s the usual disclaimer. None of this is actual legal advice and is not to be taken as such. These are the political opinions (and rants because I’m seriously scared) of this humble lawyer today.
These views also most certainly do not reflect the views of my employer and have nothing to do with them. Why? Because (nervous chuckle) they might fire me if they see this and I don’t have my political self as distanced as humanly possible from my job and make it real fuckin’ clear this is me speaking just for myself and not them. Don’t know what my lawyer job is? Good, you can’t report me. Know what it is? Don’t report me, because I like my job, and I’m buying a house and kinda (really) need the income. I’m nowhere near quit the day job money in author earnings, especially not after the shit show of 2020, trust me 😐
Generally States have a deadline to certify their election results, this year it was December 8th, and these certified votes then allow States to send the Electors for that particular candidate to the Electoral College to officially cast their votes, this year on the 14th, and if one gets 270 electoral votes, that one usually becomes president.
This year has brought out a lot of legal questions that law students will be digging through, and lawyers will be making money on, for years to come.
That is, if our country isn’t completely destroyed by the left because they’re looking pretty damn close to stealing this election. The fat lady hasn’t sung, but the curtain is lowering and she’s running out of time to belt out the final note.
And it’s looking like a sour note at that.
Remember as you read this that I am a pessimist with anxiety and depression issues, so I tend to go towards worst case scenarios. (If there are meds strong enough to make me not care that our country is on the brink of being destroyed, I may need them in the near future, because I’m likely to give myself a heart attack at the ripe old age of 33 if this keeps up.)
The States that were up in the air certified their electors. Which means those votes where Biden cheated in the swing states are certified to go to him. Again, there could always be faithless electors that are sent to vote for him and don’t, but it’d take a lot of them doing so to affect this election.
The lawsuits at the State levels were struck down, not approved, and/or not granted, to stop the counts, audit results, and/or temporarily stop States from certifying electors so that the fraud cases had more time.
Why is this deadline important? Well, here’s the law on the certification date.
“If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.” https://www.law.cornell.edu/uscode/text/3/5
Essentially this means that States make the call on certifying their own electors, and how they do this is not to be considered a federal issue, which means appealing up to the Supreme Court on that count is not likely to succeed, because they would say it’s not a federal court issue, it is one for the State’s Supreme Court to decide. And here, those State courts have decided.
So we’re looking at a lefty president, who won’t live past his first term, thus getting the insanely far left Legal Hoe Harris in office. That means more Obama-esque socialist expansion of unaccountable federal government agencies, restrictions of rights, another recession, and less money for those of us who actually work with more for the Dem’s voter farms from those living off the backs of others, a Dem controlled House, and if they cheat in Georgia again to grab the 2 Senate seats, and why wouldn’t they, a tied Senate, with the leftist VP as the deciding vote, and therefore a Dem Senate.
I know, you’re thinking the Supreme Court is more conservative, and they have integrity. They’ll stop the president from doing anything too crazy, eventually.
Hahahaha. Oh, bless your heart, my sweet summer child.
Have you ever heard of the “Switch in time that saved the nine?”
Back during FDR’s reign (and yes, I use that word on purpose) he shoved socialist programs down Americans’ throats, expecting them to suck and swallow because he was president and Americans were desperate and in a depression. The only thing slowing down the socialist president and his pack of goons in Congress was the Supreme Court at the time.
Since the Court kept roadblocking obviously unconstitutional federal power grabs, FDR hatched a plan. He threatened to “pack the Court,” by adding 6 members for a total of 15. Which is possible. There is no provision in the Constitution limiting the number of the Supreme Court to 9, in fact, it didn’t start out with 9, it got up to that over time for various reasons throughout history. FDR’s threat to pack the court coincidentally coincided with a swing voter on the Court suddenly backing his plans, and therefore letting the socialist programs blaze on by. Hence the New Deal programs doing so much damage to America and leading us further down the slide into socialism. And based on the Court no longer blocking him, the bill to pack the Court was dropped.
Congress can pass legislation to increase the number of justices, if they’re ruled by Dems, they will pass it if the Court stands up to them, and we all know it. Then the President would put in the liberal justices that would back their plays for more socialist “reform,” and all branches would be lost to the people of the United States to a mass of no separation of powers, no checks and balances, and no accountability to actual Americans. (The States could pass an amendment to the Constitution to lock it into 9 justices, but it’d take something that extreme to stop them from packing the Court.)
And if you think we have a chance of coming back from this in 2024? No way, not a chance, not without something extreme, like a Civil War, a coup, something to break the Dem’s corrupt hold, because now that they know they can get away with cheating (again, I refer you to Larry’s analysis of the numbers on the fuckery going on in the election in this post) so all future elections will be meaningless shadow puppet shows to give the varnish of our Republic still functioning while the heart of it rots underneath.
Things are looking pretty grim, huh? I told you I’m a pessimist, and this is me going to worst case scenario. When it’s down to a Civil War or coup is your only hope to not lose your country and its ideals along with your freedoms, yeah, the playing field is dark and the trees are ready for the blood of patriots and tyrants. I really don’t like that option. I’m kind of attached to things like internet, running water, heat, and oh yeah, food!
Now, here’s the flag on the play.
Oh dear lord, do I love Texas right now. If it loses this suit, and decides to leave the Union due to the impending insanity of a corrupt liberals-controlled country, I’m going with them. (Well, hopefully Tennessee goes with them so I don’t have to leave. My career, friends, and soon to be house are all here.)
Texas, and 3 other states so far that jumped on, are suing the 4 contested states (Georgia, Michigan, Pennsylvania and Wisconsin).
Here’s what Texas AG Paxton said in his claim of “standing” to file suit. (Standing is where you have to have a stake in the case to be able to bring suit. For example, you can’t sue for your neighbor’s Constitutional rights being violated, unless that affected you in a tangible way.)
“These elections in other states where state law was not followed … affects my voters because these are national elections, and so if there are fraudulent things or things that affect an election and state law is not followed as is required by the Constitution it affects our state,” Paxton told “Fox & Friends” on Wednesday. “It affects every state.”
“We can’t go back and fix it, but we can say, OK, let’s transfer this to the legislature … and let them to decide the outcome of the election. That would be a valid constitutional situation,” Paxton continued.
So Texas is claiming it has standing to sue over the election results in other states, because those states not following their own laws, directly affect Texans because it is a federal issue who is president and the fraud in those states will therefore affect the people of other states.
This is huge. Like biggest case of our generation if the Supreme Court takes this up. If they don’t, well, that’ll also be one for the history books, at least until they are all changed by Big Brother.
Now, you may be asking why this is immediately in front of the Supreme Court instead of working its way up through lower courts first. It’s because they handle dispute between States directly. States’ disputes between each other is Supreme Court jurisdiction. Because who else would be able to handle it?
Here’s more of what Paxton said, “Using the COVID-19 pandemic as a justification, government officials in the defendant states of Georgia, Michigan and Wisconsin, and the Commonwealth of Pennsylvania (collectively, ‘Defendant State’), usurped their legislatures’ authority and unconstitutionally revised their state’s election statutes,” Paxton’s complaint says. “They accomplished these statutory revisions through executive fiat or friendly lawsuits, thereby weakening ballot integrity.”
If Texas wins this lawsuit, they are asking for the Court to rule that the 62 Electoral Votes from the 4 contested states not be counted, therefore putting Biden and Trump both under the 270 required Electoral votes for the Presidency, which would toss it to the House, as I went over in my post last week. It’d be left to each state to have 1 vote each for the President, and we’d be looking at another 1876, which right now really is best case scenario for us.
I’m saying that because if they get away with the cheating now, they will do it in the future, and will control all branches, so no one will be able to efficiently stop them. And then we’re back to the whole Civil War thing.
And I don’t know about you, but I don’t have any quit in me, and I know I’m not the only one, sooooo things would get ugly.
Now, for my shameless self-promotion. Because I haveto get something good out of the disastrous blow yesterday. 😊
If you are interested in books that aren’t full of bullshit wokeness picked by publishers in New York City who care more about an author’s victim points than their actual books, then check out my books!
You want fun, light, paranormal romance mystery, check out Psychic Undercover (with the Undead), first of 6 books out now (the 7th will be out early 2021).
You like more urban fantasy, less romance, with a helping of law and ancient gods, check out The Gods Defense. (I will eventually get back to writing the sequel, I swear.)
You like Paranormal Mysteries that are kind of like a grown up Nancy Drew lawyer witch, then check out The Magical Adventures of Evie Jones.
And if you like a little horror and religious, could be real demonic creepiness in your urban fantasy, check out Scorpions of the Deep. (Scorpions of the Air coming out January of 2021, because I can’t justify paying my editor or cover artist this year since I’m technically in the negative author-wise for 2020. Don’t worry, that’s because my accountant rocks and helps me claim a lot on my taxes, without that, I’m technically in the positive… barely.)
If you prefer the zombie tree versions of books (aka paperbacks, but just saying that is boring) then my Christmas Zombie Tree Sale is for you!
On Amazon, the 6 books in the Psychic Series, Scorpions, and Gods are all $12.99 each (N), Supernatural Streets is $14.99 (S), and Evie Jones is $9.99 (E).
If you buy directly from me before December 18th, not only do I sign them and send with a little surprise gift, but there are dealssssss, and I will enter you into my drawing for a free Psychic Undercover audio book! (Your name is in once for every book you buy. May the odds be ever in your favor.)
Email me at amiegibbons15 [at] gmail.com to order the books you want, and you’ll get your signed copies for the deals below plus shipping.
1 N for $10, 1 S for $12, 1 E for $8
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Again, this is Amie Gibbons, we are fighting the good fight through grassroots efforts, getting involved with national politics, and writing damn good books that speak to the hearts of humans about freedom, liberty, free will, and what authoritarian governments do to all those beautiful things.
As Sarah always says, be not afraid. And yes, that is me telling you to do as I say and not as I do, because I’m terrified right now.
(And this is Sarah, also telling you that I’m somewhere between despair and rage, and scared as hell and wanting to taste blood too. Still be not afraid. If we go down we go down still fighting, and what person — or nation — can ask for better? We all owe G-d a death. Let’s make it a good one. – SAH)