A Draft Resolution of Congressional Censure
Against Kennedy, O'Connor, Rehnquist, Scalia,
and Thomas for Their Betrayal of the American
People |
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Why Censure?
Letter of Introduction The Counts of Censure I. Applicable Laws and Principles II. The Legal Controversy in Florida III. The U.S. Supreme Court's Intervention IV. The U.S. Supreme Court's Decision VI. The Tragic Impact of the Supreme Court's Rulings VII. The Voice of Memory Therefore it is resolved that . . . Act Now PDF Version of Resolution Acknowledgments Dedication Media Contact Us |
V. The Anomalous Nature of the Per Curiam Rulings in View of the Five Justices' Jurisprudential Philosophy, and Other Indicia of Irregularity Surrounding Said Rulings and Said Justices.
Whereas said per
curiam rulings, reached and justified in the course of reduction to written opinion, required the authors to flagrantly transgress and contradict
their ostensible firm allegiance to jurisprudential principles of federalism
and dual sovereignty; said rulings flew directly in the face of, in Justice Ginsburg's words:
[T]he ordinary principle that dictate[d] its proper resolution: Federal courts defer to state high courts' interpretations of their state's own law. This principle reflects the core of federalism, on which all agree. "The Framers split the atom of sovereignty. It was the genius of their idea that our citizens would have two political capacities, one state and one federal, each protected from incursion by the other." Saenz v. Roe, 26 U.S. 489, 504, n. 17 (1999) (citing U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 838 (KENNEDY, J. concurring)) . . . . FN 3 Whereas it strains
credulity to assume that jurists possessing the intellect and experience
of United States Supreme Court justices would, without specific extralegal
motives firmly in mind:
(i) abandon suddenly their long-standing jurisprudential devotion to federalism and dual sovereignty;
Whereas there are
other strong reasons to believe that the Supreme Court's per curiam rulings
of December 9, 2000 and December 12, 2000 were motivated by animus against
or indifference to the numerical plurality of nearly 51 million American
citizens nationwide who cast votes for the national candidates of the Democratic
Party, and to further conclude that these rulings were compromised by partisan
ties and passions favoring a victory by the Republican candidates for President
and Vice President; e.g.:
(i) Justice Scalia has two sons who work for law firms that were associated with the campaign of the Republican candidate for president; as the Los Angeles Times reported on December 13, 2000, Scalia's "son Eugene is a Washington law partner of Theodore B. Olson, the attorney [now U.S. solicitor general] who twice has argued before the Supreme Court on behalf of Texas Gov. George W. Bush. Another son, John Scalia, is an attorney in the Miami firm that has represented Bush in Florida"; Next page: VI. The Tragic Impact of the Supreme Court's Rulings The Counts of Censure I. Applicable Laws and Principles II. The Legal Controversy in Florida III. The U.S. Supreme Court's Intervention IV. The U.S. Supreme Court's Decision V. The Anomalous Nature of the Per Curiam Rulings VII. The Voice of Memory Therefore it is resolved that . . . |