It requires teamwork
Posted on 04/13/2024 7:53:23 PM PDT by bitt
Michigan legislators claim that the state government infringed on their constitutional rights when it used ballot initiatives to change election laws.
Eleven Michigan Legislators have vowed to appeal to the U.S. Supreme Court after U.S. District Court Judge Jane Beckering, a Biden-appointed judge, dismissed their federal lawsuit on April 11, citing a lack of standing.
The lawmakers’ claim, filed Sept. 28, 2023, argues the 2018 and 2022 state constitutional amendments regulating time, place, and manner of federal elections are legally null and void because they usurped the legislators’ constitutionally protected rights.
Plaintiffs include Republican Senators Jonathan Lindsey and Jim Runestad; Republican Representatives Steve Carra, James DeSana, Joseph Fox, Neil Friske, Matt Maddock, Angela Rigas, Joshua Schriver, and Rachelle Smit.
The U.S. Constitution, Article I, Section 4 (the Elections Clause), requires state legislatures to regulate the times, places, and manner of federal elections. However, the 2018 and 2022 constitutional amendments bypassed the state legislature and, in doing so, infringed on the legislators’ federally mandated constitutional authority.
Representative Steve Carra (R), the House Freedom Caucus leader and a plaintiff in the case, disagreed with the judge’s decision and is optimistic the U.S. Supreme Court will hear the case. “If I, as a legislator, don’t have standing to say laws are being passed without legislature approval, then who does? The Elections Clause of the U.S. Constitution protects legislative authority to determine the times, places, and manner of elections.”
(Excerpt) Read more at thegatewaypundit.com ...
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If the legislature doesn't have standing to challenge questionable state law changes, who does?
Some say that that Smith fella and that Wesson fella always have standing.
Democrats.
It's probably true that a single (or handful) of individual legislators don't have standing to sue because the Constitution refers to the legislature as a body. I would think that the Speaker of the House of Representatives of Michigan would have standing to sue, but the Speaker is a Democrat (Joe Tate).
-PJ
In 2020, Texas and other states tried to sue to stop states that unconstitutionally changed their election laws, and their case was dismissed for lack of standing (ostensibly because they weren't entities within those states). That's why a bod like the MI GOP might have standing, since the state authorizes their primaries.
-PJ
Is the Stupid Party smart enough to think of that?
-PJ
Does thei individual legislator have a specific particularizex harm or invaded right that can be addressed by the courts? Yes. He as a legislator has the right under the constitution to propose, debate and vote on regulations for the conduct of elections. That right was denied him in particular.
The Supreme Court were cowards and Thomas said so in his sole dissent. If PA decides Soros has the right to appoint all the electors, the voters or legislatures of every other state are injured because it introduces an element of tyranny ito what are lol supposed to be Republican forms of government in each of the states.
I'd extend it to say that any legislator who was in the chamber in 2018 and 2022 when the laws were passed has a right to sue because the bill they voted on and passed is now being overturned unconstitutionally.
Or, more to the point, the vote they passed via constitutional authority is being replaced by ballot initiatives that don't have constitutional authority for the subject matter, which harms the legislator's ability to exercise their plenary power.
-PJ
Nothing is more unjust than the current use of “No Standing” in the court system. It is used for corrupt purposes. And It is my understanding that it is not the way the court system started out. I believe it was mostly created to allow corrupt courts a way to be political activists.
How did she slip past Kennedy?
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