Rovingpatrol's Blog

Are The Supreme Court Hands Tied Till After Jan.8?

Posted in politics by roving on December 15, 2008

Is the Judicial Review Allowed Only After the Electoral College Vote and Congressional Certification?

“Is this why the Donofrio v. Wells (NJ) case is still pending? Is it only after the Electoral College votes and Congress certifies the election, that the Supreme Court believes it may take action regarding the eligibility of presidential candidates? The cases currently before the court, except for the Berg (PA) case, are versus state secretaries of state, not against Barack Obama, but perhaps that does not make a difference.”

Remember  Obama isn’t president yet because the votes haven’t been counted yet

From a commenter in Free Republic

“The Constitution does not address candidacy nuances prior to the actual EC vote (it’s all state issues prior), and federally Congress is not officially/formally notified of those candidates until the EC vote. The cases considered by SCOTUS so far demand delaying the EC vote so the state issues can be resolved – a grave act not to be done upone mere allegations of disqualification. Put coarsely: the Electoral College vote will not be delayed just because some state _might_ be stupid. There just isn’t enough evidence to mess with Congress’ edict that the EC shall vote on December 15th.

Even after the EC vote, I’m not sure SCOTUS can act until January 8. Examining the 12th Amendment, I see the votes are delivered _sealed_ to Congress – officially, nobody knows the votes until Dick Cheney himeself opens the envelopes, counts the votes, and declares a winner. Anyone bringing a challenge over the EC vote does not have standing to even know, officially, the outcome of that vote until then.

AFAIK, only the electors have standing to challenge O’s qualification, and that only between November 4 and December 15 (too late now). From December 15 to January 8, nobody has standing because officially nobody knows who won. On January 8, the first person to have standing is Dick Cheney (i.e.: current VP), who is the person who actually tallies the votes and would be in a position to question an Elector’s vote. Once the President Of The Senate (the current VP, Cheney) declares the winner (I anticipate O getting a majority vote, so other complications won’t happen), only then might the people at large have standing to challenge O’s qualifications.

So, upshot of my revised $0.02 opinion: the Supreme Court can, at this point (Dec 15, EC vote day), only take a case after January 8 as official federal notice of the outcome of the EC vote is only taken then.”


2 Responses

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  1. gayle said, on December 15, 2008 at 2:55 pm


  2. Ted said, on December 15, 2008 at 5:52 pm

    SCOTUS has now prevented itself from acknowleding the question whether Obama is or is not a “natural born citizen” (as distinguished from “citizen”) three times and counting: First before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors. Other cases on the same question are at, or are heading to, SCOTUS. Whether SCOTUS ultimately decides if Obama is or is not a “natural born citizen” only after the Electors vote, only after Congress acts on the Electors’ vote, prior to Obama’s inauguration, or only after Obama’s inauguration, SCOTUS will have to decide — or the people and/or the military will. The issue no longer is Obama. The issue is SCOTUS.

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