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Motion For Leave To File Brief as AMICI CURIAE
United States Supreme Court ^ | December 9, 2020 | JOHN A. EIDSMOE, ROY. S. MOORE, MATTHEW J. CLARK, TALMADGE BUTTS

Posted on 12/10/2020 11:36:23 AM PST by dhuls

No. 22O155

In the Supreme Court of the United States

STATE OF TEXAS, et al., Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, et al., Defendants.

On Motion for Leave to File Bill of Complaint

MOTION FOR LEAVE TO FILE BRIEF AS AMICI CURIAE AND BRIEF FOR CONSTITUTIONAL ATTORNEYS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS

ROY S. MOORE

JOHN A. EIDSMOE*

*Counsel of Record

MATTHEW J. CLARK

TALMADGE BUTTS

CONSTITUTIONAL ATTORNEYS

P.O. Box 179 Montgomery, AL 36101 256-510-1828

constitutionalattorneys@gmail.com

Counsel for Amici Curiae

(Excerpt) Read more at supremecourt.gov ...


TOPICS: Constitution/Conservatism; Politics/Elections
KEYWORDS: texas; ussc; ussupremecourt
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The Defendants refused to acknowledge that the Constitution itself and a federal statute dictate the date on which the Presidential election must occur, andthat the Constitution also delegates to the state legislatures, not executive officials, the power to determine the manner in which these elections will take place.

Consequently, the People who voted legally have been robbed of their chance to select the President and Vice President of the United States. This Court is the only court that can remedy that injustice, and it should do so by ruling in favor of Plaintiffs.

1 posted on 12/10/2020 11:36:23 AM PST by dhuls
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To: dhuls

They also are effectively refusing to respond to the overwhelming evidence of voter fraud. Essentially they are saying “you’re not the boss of me” to the Supreme Court. The leftist media (redundant) will cheer them on while ridiculing Texas for bringing up the possibility of secession.


2 posted on 12/10/2020 11:40:15 AM PST by JWNM
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To: dhuls

They are arguing that all mail in voting and early voting is unconstitutional because Congress set a fixed day for elections to be held.

I don’t think their argument is going to fly.


3 posted on 12/10/2020 11:41:41 AM PST by DannyTN
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To: dhuls

Bump


4 posted on 12/10/2020 11:45:24 AM PST by Guenevere (No weapon formed against you shall prosper, and you will refute every tongue that accuses you(Isaiah)
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To: dhuls

TALMADGE BUTTS? A very lamentable name.


5 posted on 12/10/2020 11:46:59 AM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: DannyTN

THey are arguing as to how the laws were changed, thus making the ballots illegal


6 posted on 12/10/2020 11:48:08 AM PST by BigEdLB (All animals are equal, but some are more equal than others-George Orwell)
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To: BigEdLB

How is their argument supposed to help the case? It seems to be adding more chaff.


7 posted on 12/10/2020 11:54:01 AM PST by Savage Rider
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To: DannyTN

No... “The common maxim, delegata potestas non potest delegari means that powers which have been delegated to one branch of government cannot be re-delegated to
another branch. This is especially true when the United States Constitution has specifically delegated a power to state legislatures, as in this case the plenary power
to direct the manner of choosing electors. But in this case, executive officials in Pennsylvania, Georgia, Michigan, and Wisconsin usurped these powers without the
Legislature’s consent.”


8 posted on 12/10/2020 11:54:09 AM PST by dhuls (better late than never)
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To: dhuls
Roy. S. Moore, Chief Justice of the Alabama Supreme Court (Ret.)

Retired???

9 posted on 12/10/2020 11:56:32 AM PST by DoodleDawg
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To: dhuls
This is convincing:

"It was neither the intent of the Framers nor the intent of Congress that state executive officials, acting without legislative authority, may implement advance voting schemes that begin months in advance of the election date established by Congress, drag out for days past the election, vary widely from one state to another, and sometimes even vary from county to county within a state."

And this:

"Similar usurpation occurred in of Georgia, in which the Secretary of State unilaterally abrogated the Legislature’s requirement concerning signatures and verification of absentee ballots and thereby set aside or “amended” state law.

"Likewise, the Michigan Secretary of State, without authority from the Legislature, unilaterally set aside state law and state constitutional provisions by sending unsolicited absentee ballots throughout the state.

"And similarly, the Wisconsin Election Commission and various mayors deliberately ignored Wisconsin statutes safeguarding ballot security by setting up over 500 unmanned dropboxes for the reception of absentee ballots."

And this:

"executive officials in Pennsylvania, Georgia, Michigan, and Wisconsin usurped these powers without the Legislature’s consent. The changes this usurpation has made in our electoral system are nothing short of monumental, and because they have been made without proper safeguards, they have resulted in mass confusion, fraud, ballots lost, fake ballots found, ballots not counted, ballots counted multiple times, and much more, as the Brief of Texas substantiates. Such drastic changes should never have been made by hasty executive fiat."

10 posted on 12/10/2020 11:59:45 AM PST by Savage Beast (May God reveal the truth for all the world to witness! May God save the USA!)
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To: DoodleDawg; dhuls
Retired???

Yes. What's your point?
11 posted on 12/10/2020 12:09:48 PM PST by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: Savage Beast

I really love this...

Response from the Attorney General of Pennsylvania:

http://www.supremecourt.gov/DocketPDF/22/22O155/163367/20201210142206254_Pennsylvania%20Opp%20to%20Bill%20of%20Complaint%20v.FINAL.pdf

Pennsylvania General Assembly Amicus Curiae in Support of Plaintiff:

http://www.supremecourt.gov/DocketPDF/22/22O155/163378/20201210144150193_22O155%20Amicus%20Brief.pdf

The GA really lets the AG have it.


12 posted on 12/10/2020 12:11:09 PM PST by dhuls (better late than never)
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To: DannyTN

Each state’s House and Senate must make those changes or allowances.

The Executive branch of each state cannot unilaterally do that.


13 posted on 12/10/2020 12:13:15 PM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: DoodleDawg

He’s the retired chief justice but that doesn’t mean he has surrendered his law license and is not practicing. The title lends gravitas to the filing.


14 posted on 12/10/2020 12:23:22 PM PST by NicoDon
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To: SoConPubbie
Yes. What's your point?

He was elected twice and removed twice. When did he have a chance to retire?

15 posted on 12/10/2020 12:24:33 PM PST by DoodleDawg
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To: NicoDon
He’s the retired chief justice but that doesn’t mean he has surrendered his law license and is not practicing.

He was elected twice and removed twice. When did he have a chance to retire?

16 posted on 12/10/2020 12:29:33 PM PST by DoodleDawg
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To: dhuls

Here’s hoping the PA GA have the will to act if/when they get leave to do so.


17 posted on 12/10/2020 12:33:13 PM PST by alancarp
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To: DoodleDawg

The point was that a lot of us in Alabama really would like him to actually retire and stop being heard from.


18 posted on 12/10/2020 12:34:13 PM PST by alancarp
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To: dhuls

https://thedonald.win/p/11QldEVZSK/temproary/c/

Pennsylvania can’t spell.


19 posted on 12/10/2020 12:34:36 PM PST by mewzilla (Break out the mustard seeds. )
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To: dhuls

Summary:

1. “Texas doesn’t have Standing” (where have we heard that before)

2. NO... we didn’t do anything wrong (See Bart Simpson’s brief)

“I didn’t do it... Nobody saw me do it... You cannot prove anything”


20 posted on 12/10/2020 12:51:30 PM PST by Safrguns
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