Court process for removing Supreme Court Justices Gorsuch and Kavanaugh

ACTIVITIES TO REMOVE GORSUCH AND BLOCK KAVANAUGH

Brett Sablosky

POWERFUL CONSTITUTIONAL RIGHTS POLITICAL COMMITTEE
Neil Gorsuch was illegally appointed to the U.S. Supreme Court. Justice Gorsuch is not a tenured U.S. Supreme Court Justice because he was chosen by the legislative branch, the U.S. Senate, rather than the executive branch, the president of the United States. This is a violation of the separation of powers doctrine in the United States Constitution. The violation of the separation of power is so serious as render the confirmation vote on Justice Gorsuch void, and a null approval by the U.S. Senate. The United States Senate is not allowed to nominate judges of their own choice and prevent a sitting president from nominating a Justice to fill a vacancy on the U.S. Supreme Court. The U.S. Constitution clearly states in Article 2 Section 2 Clause 2 that the President shall nominate and by and with the consent of the Senate, the President shall appoint judges of the Supreme Court. The language clearly states that the sitting president serving in office when the U.S. Supreme Court vacancy occurs shall in “shall” language, which is mandatory language, appoint, by and with the advice and consent of the Senate. When Senator Mitch McConnell and Senator Chuck Grassley stated to the public and the media, that they would not have hearings, and that they would not have a yea or nay vote of approval or disapproval on Merrick Garland, or on any other U.S. Supreme Court nominee, nominated by President Barack Obama, they were acting illegally, civilly, in violation of the above provision of the United States Constitution, which clearly states that it is the President, who is the only official, who can choose a potential U.S. Supreme Court Justice, by nominating that person and with Senate approval that is called appointment by the President. In the 2016 nomination event, that person was Judge Merrick Garland.

The refusal of Sen. Chuck Grassley to have Judiciary Committee hearings on the nomination of Merrick Garland, as announced and ordered by President Barack Obama, violates the literal, explicit commands of the U.S. Constitution in shall language, that ‘shall’ is mandatory upon the president and is mandatory upon the Judiciary Committee of the U.S. Senate, and “shall” is mandatory upon the majority leader, of the majority party, of the U.S. Senate, who was Senator Mitch McConnell Republican of Kentucky, as well as upon the entire U.S. Senate through McConnell. The goal of Powerful Constitutional Rights Political Committee is to convince Democratic Senators, who were serving in the U.S. Senate in year 2016, who wanted to vote on the Merrick Garland nomination, to file a lawsuit in the United States District Court for the District of Columbia, to sue to ask the United States District Court, to order the removal of Justice Neil Gorsuch from the United States Supreme Court, on the basis that Justice Gorsuch was chosen by U.S. Senators Mitch McConnell and Senator Chuck Grassley, and the Republican members only of the Senate Judiciary Committee who met secretly, and that Justice Gorsuch, was puppet nominated by Donald Trump. President Trump merely acted as a puppet under the control of Senators Mitch McConnell and Senator Chuck Grassley. The case will have to be appealed to the United States Circuit Court of Appeal for the District of Columbia Circuit. On the United States Circuit Court of Appeal for the District of Columbia Circuit, the Democrats hold 8 Judgeships and the Republicans hold 6 judgeships. On an en banc panel, the Democrats outnumber the Republicans 8 to 6. However, Merrick Garland might recuse himself and that would give a 7 Democrat Judges and 6 Republican Judges en banc panel. The question in this political issue case, is a question of whether a Senate majority party, or a group of Senators in majority of control of Senate confirmation processes by the numbers of their partisan group, in the U.S. Senate, can disobey, contravene, and violate the governing processes, which are as a mechanism explicitly commanded, in the shall language in the United States Constitution, explicitly, that is, with regards to the powers of the President, and the explicitly described procedures, to advise and consent to a judicial nomination.

The question at hand is greater than just the Merrick Garland nomination of President Barack Obama. The question is do the Republicans or any majority party in the U.S. Senate, have the right to refuse to have hearings and refuse to have an approval vote on nominations, for any U.S. Supreme Court nominee, by any sitting President. Then the case goes on to the United States Supreme Court, on request for certiorari. Justice Gorsuch will have to recuse himself since he cannot rule on the legality of the questionable, suspicious, circumstances that caused him to be elevated to the U.S. Supreme Court. That leaves 8 Justices to hear the case. If the court ties in a 4-4 vote, then the final ruling of the United States Court of Appeal for the District of Columbia Circuit stands, as if that ruling were a ruling of the United States Supreme Court, under the rules of the United States Supreme Court. Whatever the ruling of the Circuit Court of Appeal for the District of Columbia Circuit, that ruling will prevail in the case of a 4-4 tie on the United States Supreme Court.

The idea of our Committee is that the removal of Gorsuch will create a vacancy that will last until after the 2018 Senate elections are completed. If our Democrat Senators suing get their way, the Merrick Garland nomination will be resurrected on the basis of a U.S. Supreme Court, or U.S. Circuit Court of Appeal for the District of Columbia, order based on the equity powers of the court and the law powers of the federal courts to decide political issue cases where there is a dispute between the branches of the federal government, in this case between the both the Executive and the the Legislative and the intrabranch [within the branch] dispute between the Republican Senators led by Sen. Mitch McConnell and Senator Chuck Grassley and the minority Democrats led by Senator Chuck Schumer of New York. Either the Garland nomination will be reactivated or another nominee who may even be chosen by ex-President Obama who was on Obama’s list for the U.S. Supreme Court will be chosen based on a remedy ordered by the U.S. Supreme Court or the U.S. Circuit Court of Appeal for the District of Columbia Circuit. At that point, what the Democrats can do depends on how many votes they have in the U.S. Senate and how many votes the Republicans have in the U.S. Senate. What the Democrats can do after the Gorsuch case is resolved by the U.S. Supreme Court is dependent on what decision is written by the U.S. Supreme Court or if there is a tie vote on the U.S. Supreme Court 4-4, then what the decision is will be the decision of the United States Court of Appeal for the District of Columbia Circuit.

Congressional Power Values by State

Congressional Power Values

 

This is a measure of your ability to access your Congressional representation, per person.

Puerto Rico and the Virgin Islands are the lowest @  0 representation at all – still listed as colonies by the UN, because they have no right to vote.

California’s is the lowest at .05 for the Senate, and 1.48 overall

Wyoming is the highest at 3.45 for the Senate, and 5.3 overall .

This means, in California, your chances of seeing your Senator are about the same as meeting Ariana Grande- 39 million constituents. In smaller states, like Wyoming or Delaware- 2 Senators serve 500k people.

As someone correctly noted you still have 2 Senators and one House Rep- but your chances of ever meeting your Senator, are next to non-existent.

A house has that has 2 bathrooms has 2 bathrooms if 1 or 14 people live there.  A considerable difference in how well it works out.

To be clear I do not believe this is the greatest problem in our country, but it is important to know. I don’t want small states or regions to be ignored, but I don’t think handicapping them is the way to go about it.

I believe this might be a better way, defining what regional area statistics are, and looking for anomolies and why things are different.

 

1 California
39,250,017
53 702,905 2 0.0537 1.4226 1.4763
2 Texas
27,862,596
36 698,487 2 0.0795 1.4316 1.5112
3 Florida
20,612,439
27
696,345 2 0.1064 1.4358 1.5422
4 New York
19,745,289
27
717,707 2 0.1032 1.3933 1.4965

 

43 Rhode Island
1,056,426
2
526,284 2 1.8995 1.8995 3.7989
44 Montana 1,042,520
1
989,415 2 2.0214 1.0107 3.0321
45 Delaware 952,065
1
897,934 2 2.2273 1.1137 3.3410
46 South Dakota
865,454
1
814,180 2 2.4564 1.2282 3.6846
47 North Dakota
757,952
1
672,591 2 2.9736 1.4868 4.4604
48 Alaska
741,894
1
710,231 2 2.8159 1.4080 4.2239
District of Columbia
681,170
0
0 0.0000 0.0000 0.0000
49 Vermont
624,594
1
625,741 2 3.1962 1.5981 4.7943
50 Wyoming
585,501
1
563,626 2 3.5476 1.7738 5.3213

 

 

PowerfulRights heads to Washington DC for Kavanaugh hearings and protests

Kavanaugh, Trump's pick is a 1505 criminal

Brett sent me down in a last ditch effort to get Democratic Senators to take some kind of legal action to stop the proceedings for the Supreme Court Nomination., after weeks of run arounds, and un returned emails. We talked to Menendez, Booker,  Feinstein, Tina Smith(took over Franken’s seat, ), Gillebrand and emailed Merkely, Hirono, Klobouchar, and Leahy.  Nada in return.

We also reviewed Senator Merkley’s case against Trump, which was filed the day the original vote was to be scheduled. It was filed without any motion to expedite or TRO- we shot an email to the lead attorney- who shot back an email with the TRO, just filed, literally 48 hours before the vote was scheduled. It was very well written, but there was no time for a hearing, let alone time to appeal rulings from the district, which of course happen nearly instantaneously for Senators.

 

From the:

*hiding documents

*releasing documents at the last second

*limiting FBI investigations

*felony perjury and obstructing Congressional investigations

There was plenty of material to get injunctions on the process; but frankly, Congress does not seem to want to take extra steps or listen when others urge other steps.

 

 

Senators McConnell and Grassley refused Constitutional Appointments Duty

Illegal actions tipped Supreme Court Balance

McConnell Garland Supreme Court Matter

Appointments Clause

The President…shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law….

Article II, Section 2, Clause 2

Scope:

When Mitch McConnell and Charles Grassley refused to give the Senate’s Advice -a Constitutionally Mandated Duty- on the twice elected President Obama’s nomination of Merrick Garland- the Chief Judge of the DC Court of Appeals -( essentially the position most like Supreme Court Seat without being a Supreme Court Seat, as boring and uncontroversial a pick as can be imagined ) to the Supreme Court it was unprecedented event in the history of the United States– holding up the business of the United States of America for a group that did not exist at the time of the writing of the Constitution- the interests of the Republican Party. Further it was part of a clear pattern- more judges blocked- 79 during Obama’s tenure then have been blocked by the Senate in the history of the Senate (59)

Mitch McConnell  refused to give Constitutionally Mandated Duty  Presidential Appointment Advice and did so without a legitimate reason.
The  actual reason was clear; do not allow the Constitutionally Elected President to Appoint Supreme Court Justices as he should Choose, unless he is a Republican President. This is not speculation but demonstrated by the statements of the Senate of time. The Intent was corrupt, naked power grab, as part of a deliberate, and public strategy to refuse to acknowledge the Power and Authority of the elected President. They did so, because the power of the Supreme Court had helped to keep their Party in Power for decades.
The reason for not stating a reason is also clear; naming that intent is what would be used in a trial for treason.

He held off for a year, and then rammed through the next President’s pick of Gorsuch, repealing the filibuster in order restoring the deciding vote to the conservative or Federalists on the  Supreme Court.

In the previous 200+ years of precedent- the pattern is the same, Supreme Court vacancy, hearing, position filled in under 120 days, only with great cause*-is a nomination like Bork’s very normally with a vote that’s 60-40 or something, trends but doesn’t follow the party lines- no  filibuster, a regular vote, a rare thing since Kentucky Senate Majority Leader McConnell has held the reigns of Senate power.

He Refused the Senate’s Constitutional responsibility to give Advice to the President on his Supreme Court pick, and far worse, cannot identify a legitimate reason to  have done something so extreme to Obama but nothing to George W Bush or Donald J Trump- President Barack Obama relatively scandal free two Term President  to seat a Supreme Court Justice, something which has never before happened, no vote at all, shut down the President.  Far from perfect, but nothing that could be said for him that could not be said for the Republican Presidents of the Era.  Total breach of authority and violation of separation of powers that are clearly delineated by text and by famous precedent.. Not even during the “Civil War” did something so blatantly unconstitutional happen

The President shall- by and with the Senate- Shall means it is a command, not a discretionary duty. While the letter of the law does not impose limits on the time frame- precedent does. Precedents and traditions, as a matter of law should not be overturned for transient causes, no cause given, or worst- a corrupt cause.   The President had a right to Promote the Chief Judge of the DC Circuit to the Supreme Court, and the Senate’s got to have a reason, and has to have a vote. If Mitch McConnell conspired to refuse a Constitutionally mandated duty – process from occurring to maintain control of a branch- holding the operations of Justice to his will alone- delaying many cases by months and years so he gets his preferred Judicial nominees, either for himself or for the Republican Parties decision tree, this is coup d’etat. Affecting as it did a swing vote, which was used in several decision this past year to overturn precedents, and to squash legitimate functions of government that manage the election of other branches. This sort of behavior is the elements of treason.

Extreme examples of the principles
The letter of the law  in the Constitution says all certificates shall be opened, but does not specifically state that ALL electoral votes are to be counted for all parties in the election. This does not qualify as a loophole that Joe Biden could have literally thrown away the electoral votes for the opposing party.
The precedent by not acknowledging this extreme deviation for no discernible value to the American people as a whole, for the bidding of his Party, is a prelude to lawlessness; get into office and do as thou wilt shall be the whole of the law, while using resources created by law.

 

Authority quote

Appointments Clause- Heritage Foundation

Congress has continued the practice to this day. The Supreme Court has held that Congress may not provide itself with the power to make appointments, Buckley v. Valeo (1976), but it is unclear how far Congress may go in setting qualifications for principal officers without contravening the Framers’ interest in assuring the President’s accountability for the initial choice. President James Monroe declared that Congress had no right to intrude upon the President’s appointing power. In Myers v. United States (1926), Chief Justice Taft declared that the qualifications set by Congress may not “so limit selection and so trench upon executive choice as to be in effect legislative designation.” In Public Citizen v. U.S. Department of Justice (1989), Justice Anthony Kennedy, concurring, opined that the President’s appointing power was exclusive, and that only the Incompatibility Clause (Article I, Section 6, Clause 2) limits the range of his choice. The Court, however, has yet to make a definitive statement on the issue.

 

And there is no more corrupt intent. Public statements demonstrate that Mitch McConnell deliberately held up the operation of the Federal Court Systems from sea to shining sea, a form of obstruction of  Justice, because governments operation is the operation of Justice, such as it is or it isn’t. To have US Senator do that for the strength of his party’s position.. “strategically playing the game”, holding up people’s lives, costing taxpayer dollars, longer sentences, longer pre trial detention. So McConnell could maintain a Republican hold on the Supreme Court.

 

This so called conservative has been in Congressional power and set the record for filibusters, judicial filibusters, the largest increases in deficits in American history under Republican President

Path Forward

 

We believe to establish Justice in this country there must be a hearing on the matter, and that we need testimony from Obama, McConnell and the entire Senate Judiciary at the time. Supporting testimony from the Attorney General’s. It would be good to have a firmly established analysis of the judicial nomination patterns in context of 200 years of history in opinions from DC District Court.
In the future all such questions of Constitutionally Mandated Duty,should get on the record opinions from the Executive and Justice branches. Petitions from the public of tangible Constitutional theory

Any and all Judicial nominations that were denied or confirmed from 2009 till present must be examined and whether individually or as a class is a decision yet to be decided upon.

 

 

Footnote*

 

*- like Bork, a lawyer who despite great intellectual capacity- fired a special prosecutor, who investigated when a President ordered a burglary into the DNC headquarters. The person of any stripe, who thinks their duty is to aid in the obstruction of Justice has no business being called a Justice. Further he broke into DNC headquarters, then you expect Democrats to vote for him? Height of a hubristic pick.