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Thread started 05/17/19 1:37pm

benni

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Lawsuit Against McConnell for Violation of Separation of Power and Due Process

https://www.dailykos.com/...ue-Process

Equal Vote America Corp. (EVA) has filed a civil lawsuit against Mitch McConnell and Charles Grassley at the U.S. District Court for the Southern District of New York (CASE # 1:19-cv-02346) on the ground that their refusal to conduct any senate confirmation process for Chief Judge Garland’s nomination to fill the vacancy on the Supreme Court represented a blatant breach of Separation of Power and a gross violation of Due Process.

Initial Conference has been set for 06/07/2019 at 10:00 AM, Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise Louise Cote.




By refusing to conduct confirmation process the Defendants blatantly violated …

  1. the constitutional principles of Separation of Power and the Judicial Independence,
  2. the Executive Power Clause in Article II § 1 that provides 4 years for each term of presidency,
  3. the Appointment Clause in Article II § 2 that mandates a due process “shall” be complied for every presidential nomination,
  4. the Due Process protection for the Office of Presidency, Chief Judge Garland, and for all voters who considered judicial nomination as one of the most important factors in casting their votes in the 2012 Election.

The Defendants also betrayed our founding fathers’ intention and neglected a constitutional duty that is entrusted by all Americans and paid for by all taxpayers. Therefore, the refusal of confirmation process for Chief Judge Garland’s nomination has …

  1. violated Plaintiff’s Citizen Privileges guaranteed by the Article IV § 2,
  2. debased Plaintiff’s Freedom of Speech guaranteed by the First Amendment,
  3. violated Plaintiff’s Due Process guaranteed by the Fifth Amendment,
  4. demeaned Plaintiff’s voting right under § 2 of the Fourteenth Amendment.

The redress is for the Court to review and declare that:

  • the Defendants’ refusal of confirmation process to a presidential nomination is unconstitutional.
  • the same well-established long-standing confirmation process shall be guaranteed for all presidential nominations in the future.

__________________________________________________________________________________

Things are about to get interesting!

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Reply #1 posted 05/17/19 6:51pm

PennyPurple

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Good. We could've really used Garland on the bench. sad

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Reply #2 posted 05/17/19 6:55pm

poppys

This lawsuit is long overdue. YES! Keep it from happening again.


politics: the art or science of government.
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Reply #3 posted 05/17/19 7:12pm

OnlyNDaUsa

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They will not win... I doubt they have standing. And they might want to tread lightly...anyone that supports this case really can not say anything if say RBG were to no loger be able to serve say... June 2020... well Trump would get to replace her (and oh if that were to happen? he would get to replace her anyway)

No one is coming for your abortion: they just want common-sense abortion regulations: background checks, waiting periods, lifetime limits, take a class, and a small tax.
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Reply #4 posted 05/17/19 9:32pm

benni

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OnlyNDaUsa said:

They will not win... I doubt they have standing. And they might want to tread lightly...anyone that supports this case really can not say anything if say RBG were to no loger be able to serve say... June 2020... well Trump would get to replace her (and oh if that were to happen? he would get to replace her anyway)


If anything happened, McConnell would let him place someone. Wouldn't matter that he denied President Obama. He'd come up with some excuse (precedent) to seat Trump's nominee.

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Reply #5 posted 05/19/19 12:31pm

benni

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This is excellent:

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Reply #6 posted 05/19/19 1:59pm

OnlyNDaUsa

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Mitch is using Harry Reid tricks... it will come back and bite him as it did Harry. One reason there were so many nomination under obama was there was a back log going back to Bush...but that was the RNC's fault. And come on now every party leader's job to to make sure the current party loses the next election. wanting to make obama a one termer was what the DEMS tried to do to bush and did to pappa bush. that part loses him some credibility. That is like saying HOW DARE a republican run against obama!? or calling republicans sexist for not voting for hillary? Were the dems sexist on 2008?

No one is coming for your abortion: they just want common-sense abortion regulations: background checks, waiting periods, lifetime limits, take a class, and a small tax.
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Reply #7 posted 05/20/19 8:15am

2freaky4church
1

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Separation of Power was always liberal bullshit. It's just a way to stop real power, the power of the people at the bottom. It slows the governmental process, which always helps the rich and powerful.

All you others say Hell Yea!! woot!
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Reply #8 posted 05/24/19 2:27pm

DiminutiveRock
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Any updates on this?

"Families are torn apart, men women and children are separated. Children come home from school to find their parents have gone missing." - Anne Frank
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Reply #9 posted 05/24/19 3:13pm

benni

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DiminutiveRocker said:

Any updates on this?


I've not heard anything further at this time. I'll definitely update it when I do hear something!

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Reply #10 posted 05/25/19 6:47am

OnlyNDaUsa

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The only thing they could do is be told that they can not do that again. As he would have never been confirmed, what could they do?

No one is coming for your abortion: they just want common-sense abortion regulations: background checks, waiting periods, lifetime limits, take a class, and a small tax.
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Reply #11 posted 05/28/19 5:58pm

benni

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DiminutiveRocker said:

Any updates on this?



The initial Conference has been set for 06/07/2019 at 10:00 AM, Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise Louise Cote.

So we won't know anything until then.


In the meantime, McConnell stated that if there is a death next year, during an election year (2020) that he WOULD seat a Supreme Court Justice at that time.

Keep in mind that he would not allow Barack Obama to seat a Supreme Court Justice during the election year in 2016 because "it was up to the people to decide at the next election".

McConnell has to go.

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Reply #12 posted 05/28/19 8:45pm

poppys

benni said:

DiminutiveRocker said:

Any updates on this?



The initial Conference has been set for 06/07/2019 at 10:00 AM, Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise Louise Cote.

So we won't know anything until then.


In the meantime, McConnell stated that if there is a death next year, during an election year (2020) that he WOULD seat a Supreme Court Justice at that time.

Keep in mind that he would not allow Barack Obama to seat a Supreme Court Justice during the election year in 2016 because "it was up to the people to decide at the next election".

McConnell has to go.


He really does. Why can't lightning strike some of these transgressors down?

politics: the art or science of government.
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Reply #13 posted 05/29/19 4:57pm

DiminutiveRock
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poppys said:

benni said:



The initial Conference has been set for 06/07/2019 at 10:00 AM, Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise Louise Cote.

So we won't know anything until then.


In the meantime, McConnell stated that if there is a death next year, during an election year (2020) that he WOULD seat a Supreme Court Justice at that time.

Keep in mind that he would not allow Barack Obama to seat a Supreme Court Justice during the election year in 2016 because "it was up to the people to decide at the next election".

McConnell has to go.


He really does. Why can't lightning strike some of these transgressors down?


Right?!?! If/when McConnell is finally out, I'll be rejoicing.

"Families are torn apart, men women and children are separated. Children come home from school to find their parents have gone missing." - Anne Frank
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