Things have been very hectic, so I haven’t had any time to complete any lengthy posts; however, the daily outrages against our fragile democracy continue unabated. On Tuesday, Judge Yuri Hofmann dismissed a lawsuit brought by California voters who contested the recent special election in the 50th district. Judge Hofmann dismissed the lawsuit on the grounds that the Speaker of the House, Dennis Hastert, had already sworn in, at record speed, the contested Republican candidate. The judge stated that “Once the House asserts exclusive jurisdiction and selects a candidate, the court no longer has jurisdiction”.
This is tantamount to ruling that the party that controls the House of Representatives can choose, regardless of of the voters, can unilaterally choose it’s members. According to Judge Hofmann the judiciary has no authority or recourse. Quoting a 1951 CA decision, Hofmann upholds:
“Under our form of government the judicial department has no power to revise even the most arbitrary and unfair action of the legislative department, or of either house thereof, taken in pursuance of the power committed exclusively to that department by the constitution…”
I find it impossible to believe that even the staunchest Republicans would approve of such a decision, as it could equally be applied to their candidates at some point in the future. These actions by the GOP and the subsequent ruling renders everything our country stands for as void. Perhaps I’m wrong, perhaps the GOP is far more interested in winning then guarding the fundamental values it claims to be waging a war to protect.
Two excellent articles on this debacle are:
Scoop News
We Do Not Consent
I have no idea if the plaintiffs in this action plan to appeal – I hope so, as this type of fascism cannot usually stand the scrutiny of daylight.
If someone knows the status of any appeal, please let me know. . .
