A petition seeking to nullify the election is before SCOTUS NOW!

[dixiegrrrrl]

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 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.

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.

Snip:

A response is due from SCOTUS on February 21 with an answer as to whether the Court will hear oral arguments in this case. The fact that this petition for a writ of mandamus is being considered is quite remarkable. SCOTUS estimates that just 0.01% of cases filed with the court are granted plenary review with oral arguments, so the odds are stacked against this case being heard, but the writ is on the docket and they hold out hope that the odds are in their favor.

http://www.dailykos.com/story/2017/2/12/1632869/-Petition-Before-SCOTUS-Seeks-To-Nullify-Election

Cross your fingers, make a wish, etc.

[MFM008]

1. interesting

he may resign by then................

[triron]

2. Timing?

[dchill]

3. After tonight, that seems less unlikely.

[putitinD]

4. I predict that Trump will resign so that President Pence can give him a full pardon

before we find anymore dirt on him!

[Ken Burch]

11. Not impossible.

If that happens, he'll be hosting "The Apprentice" again by March.

[lpbk2713]

22. And if that happens he can name his own salary to NBC.

NBC will be happy to pay him almost whatever he says because
the mouth breathers will put the ratings through the roof.

[onenote]

5. As pointed out in a previous thread, this is a complete waste of time

and the article isn't even an accurate description of the case.

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=8639728

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=8639119

[Phoenix61]

6. This could be a very interesting week

Well it sounded good.

[TygrBright]

7. Who's the petitioner, do they have standing? n/t

[onenote]

9. It will never come to that.

I can tell you right now what the entirety of the decision on the petition for a writ of mandamus will say: "The petition for writ of mandamus is denied." That will be it.

How can I be so sure? Because that is the standard formulation for disposing of petitions for a writ of mandamus filed with the Supreme Court. And that's true for properly drafted petitions for a writ of mandamus, let alone for a ridiculous mess of a petition that these folks have filed.

[dixiegrrrrl]

13. The link has all that info. n/t

[ProudLib72]

8. If the EC knew all about this and did nothing

then why should we hope the SCOTUS is any different? I mean, I wish they could just say what everyone is thinking, "Yes, the election was certainly rigged, and now we must lock up treasonous tRump", but their hands are tied law. They have to actually do their duty in the eyes of the constitution, not that any repukes do the same.

[butdiduvote]

10. I literally dream of waking up one day to the internet exploded with ELECTION NULLIFIED news.

Way too good of a fantasy to come true, though, I think.

[manicraven]

12. I've had the exact same fantasy! But I'll settle for his resignation or impeachment.

[pangaia]

14. Ooppsss...here's the real problem.....

".......The United States shall guarantee to every State in this Union a Republican Form of Government...."

[dixiegrrrrl]

15. The Republican Form of government is one in which the powers of sovereignty are vested in the people

either directly, or through representatives chosen by the people, to whom those powers are specially delegated.

and I got that from the Google

So, not a problem unless we are prevented from exercising those powers according to the Constitution.
like losing voting rights, for example...

[pangaia]

18. Dixie, oh Dixie.....uhhhhh...

Sshhhhhh but ...I left out the sarcasm thingy because, well..you know.....

[dixiegrrrrl]

19. I actually figured you did.....

'cause I "know" your voice here, but got tempted from a couple earlier posts of people seriously acting like they needed to know....

*mumbles apology*......

[pangaia]

21. Oh sure you did..lol

Jezzee, am I THAT readable.?

Yeah, I tend to be little sarcastic don't I..

[onenote]

17. More seriously, the problem (among many) with the petition

is that it is seeking relief for individuals under a Constitutional provision that guarantees certain protections to states. That sort of distinction (state versus individual) is significant in Constitutional jurisprudence and is just one of a host of reasons that this petition will be dismissed with a one sentence order.

[pangaia]

23. I guess I should have used the sarcasm thingy...

OK, I'll add it here...

[jmg257]

16. The Constitution also says that is the militia's responsibility to repel invasions...

were they called forth?

[Abelard39]

20. A Parallel Petition to Vice President Pence

I am a new member and this is my first communication to DU. This posting is sort of parallel to the SCOTUS petition. I hope I'm not completely in the wrong pew and the wrong church!

I’m not sure if someone here has already proposed this psychiatric angle on how to accelerate Trump’s ouster from office. In any case, I have greatly appreciated the information I have received from reading DU excerpts over the past few months, and hope I can contribute in return.

I have written a proposed petition to Vice President Pence. Although it seems on its face not likely to succeed in moving Mr. Pence to comply, I need to discuss the value of having lots of signatures on the petition even if Pence does nothing at all about it.

1. Donald Trump can be shown to suffer from “Narcissistic Personality Disorder” as defined in the psychiatric manual DSM-5. Some have even diagnosed him as suffering from “Malignant Narcissism,” an incurable disease. One of the features of the disease is a sort of paranoia and hostility to anyone perceived to be a rival, be it in fame, power, or attractiveness.

2. The cabinet and the West Wing by all accounts are riven by factions. It is not clear if this bothers Trump or not, since none of the factions is a direct challenge to his authority. The Vice President, however, by virtue of his rights and obligations under the 25th Amendment could come to be a serious concern for Trump. If Trump thought that Pence might be able to win a majority of his cabinet and advisors to an action under the 25th Amendment, then the factions in the West Wing might become of paranoid concern and trigger actions that would appear to be obviously insane in the eyes of both houses of Congress.

3. Given Trump’s obsession with numbers and inability to share fame, the more signatures supporting Pence, the greater will be Trump’s discomfort and his distrust of Pence.

4. Trump almost certainly is an atheist (like me!)—unless he thinks he himself is a god. Whether Pence actually is the fundamentalist Christian he appears to be, it is likely that Trump believes the appearances and has chosen Pence for the purpose of enlisting fundamentalist Christians in his cause. The petition calls upon Pence not only to uphold his obligation to his oath of office to uphold the Constitution, it also calls upon him to uphold his obligations as a Christian. While I personally think Pence can rationalize Trump’s outrageous actions as compatible with Christianity, Trump cannot be sure of that. He may have cause to fear that Pence actually takes his Christianity seriously.

5. I am sure that there would even be fundamentalist Christians who might sign this petition if given an opportunity. Although I don’t know how to do it, I think somehow it might be possible to enlist various Christian groups to circulate the petition—of course, without the rationale outlined above! In any case, I think secularists and all who are trying to save our republic should circulate the petition.

Does anyone think the petition below is worth pursuing? If so, does anyone know how to do it?

The petition follows below.

Abelard39

To the Vice President of the United States
The Honorable Michael Richard Pence
Mr. Vice President:
We the undersigned call upon you to honor your oath to defend the Constitution of the United States of America and deliver our nation from chaos and collapse by invoking the Twenty-Fifth Amendment to that sacred document. You alone can save us by exercising your right and fulfilling your obligations that are enumerated in that amendment. As a faithful Christian, you know that the future of your immortal soul depends not only upon the integrity with which you honor your oath of office, but more importantly that you remain upright in the sight of God. Remember now the story of the madness of King Saul and 1 Sam 18:12: “And Saul was afraid of David, because the Lord was with him, and was departed from Saul.” Just as David became captain over a thousand, you must become captain of our nation.

[Jim Lane]

24. The excerpt in the OP is completely wrong on a key point.

The fact that this petition for a writ of mandamus is being considered is quite remarkable.

No, it isn't at all remarkable. I could bring a case demanding that the government act against the pod people from the planet Zontar who are taking over humans' brains, and after being laughed out of every lower court, I could file a petition like this. I could excitedly assert that it was "being considered" in the sense that it hadn't yet been denied. BUT if "being considered" means that any Justice or even any law clerk is taking it seriously to the least degree, then, no, this one is not being considered, any more than my petition about the pod people would be considered.