Posted on by Californiacontrarian

Duck, Duck, Goose (egg)


Sometimes I wonder why we actually have a Supreme Court when they seemingly duck on important issues. They are supposed to be the brightest legal minds, but when it comes to these bright legal minds actually making a meaningful decision  . . . they duck, and the country gets nothing (a goose-egg). They’ve been ducking various abortion issues for years and now they are presented with serious issues related to the abuses of freedoms and the making-up of laws because of Covid.

Well, News Flash! . . . they just ducked again, and consequently the country got a goose-egg. This week the Court ducked on two election issues out of Pennsylvania. They seem now to have “ducking” down to a science. The vote on these Pennsylvania cases was 6-3 in favor of “ducking.” One might say, 6-3 is not close as two votes would have to be changed in order to make it 4-5. However, whereas a 5-4 majority is needed to ultimately decide a case, only four (4) votes are needed to hear a case. As pointed out in The Keneally Chronicles, this is referred to as the “Rule of Four,” meaning that only one more of the Justices needed  to agree to hear the case. Only one additional Justice needed to have the fortitude not duck these election issues. I am not surprised that Chief Justice Roberts ducked, as he seems to be losing courage year after year, but I am very surprised that Roberts’ outrage against hearing any election cases a few months back is continuing to have an effect on Justices Kavanaugh and Barrett. 

Thank God for Justice Clarence Thomas who is not afraid to speak his mind.

“One wonders what this Court waits for,” understates Thomas in his dissent, adding “we failed to settle this dispute before the election, and thus provide clear rules. Now we again fail to provide clear rules for future elections. The decision to leave election law hidden beneath a shroud of doubt is baffling. By doing nothing, we invite further confusion and erosion of voter confidence. Our fellow citizens deserve better and expect more of us.”

Justice Thomas adds,

“The Constitution gives to each state legislature authority to determine the ‘Manner’ of federal elections…Yet both before and after the 2020 election, non-legislative officials in various States took it upon themselves to set the rules instead…. [T]he Pennsylvania Legislature established an unambiguous deadline for receiving mail-in ballots… the Pennsylvania Supreme Court extended that deadline… (and) ordered officials to count ballots received by the new deadline even if there was no evidence—such as a postmark—that the ballots were mailed by election day. … these cases provide us with an ideal opportunity to address (this) before the next election cycle. The refusal to do so is inexplicable.”

Inexplicable . . . unless you are a duck!

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