Judge Roy Moore, the retired Chief Justice of the the Alabama Supreme Court, has filed an amicus brief with the Supreme Court supporting the emergency petition filed by Pennsylvania Republicans Mike Kelly and Sean Parnell. In it, he and his attorneys detail what they believe to be reason for the Supreme Court to move forward with the petition and hear the case.
Joining Moore as “Constitutional Attorneys” are John Eidsmoe, a retired Air Force Judge Advocate who serves as Professor of Constitutional Law for the Oak Brook College of Law and Government Policy, Matthew J. Clark, a former Staff Attorney for the Alabama Supreme Court, and Talmadge Butts, a recent graduate of the Thomas Goode Jones School of Law at Faulkner University where he was Articles Editor for the Faulkner Law Review.
Their argument is a fresh angle from a known argument that the state broke its own constitution by allowing legislation rather than constitutional amendment to change voting rules. Through Act 77, Pennsylvania prompted residents to vote well ahead of time through absentee ballots without the necessity of reason. This defies the explicit stance of the state’s constitution.
Moore and his colleagues approached this point from a slightly different angle, stating circumvention of their own constitution was in defiance of the U.S. Constitution. This is an important distinction because deciding whether or not to take the case does not necessarily hinge on its merits, which are substantial, but on whether this falls under the purview of the Supreme Court. By making it an issue at odds with the U.S. Constitution, the hope is to compel Justice Samuel Alito to accept the case.
Their brief summary states:
In the dissenting part of his statement, Pennsylvania Supreme Court Chief Justice Saylor noted that “laches and prejudice can never be permitted to amend the Constitution.” Kelly v. Commonwealth, No. 68 MAP 2020 (Pa. Nov. 28, 2020) (Saylor, C.J., concurring and dissenting). Justice Saylor’s position is supported by nearly a century of precedent and ultimately by the United States Constitution itself. Under the Supremacy Clause of the United States Constitution, Presidential elections are governed by the Electors Clause. That provision delegates the power of choosing electors to the legislatures of the several states, but under Supreme Court precedent, those legislatures are constrained by their own constitutions.
Thus, the Constitution required the Pennsylvania Supreme Court to adjudicate the case before it under the Electors Clause and Pennsylvania law inasmuch as it was consistent with the Pennsylvania Constitution. By disregarding those authorities and deciding the case on the basis of laches, the Pennsylvania Supreme Court elevated a state-law time bar above the Constitution itself. This violated the Supremacy Clause, which holds that the Constitution preempts the law of the states when the two conflict.
Additionally, the Constitution gives Congress the power to set a date for Presidential elections. Congress passed 3 U.S.C. § 1 pursuant to that power and
3 chose a specific date for election day. Historically, there is no reason to believe that Congress intended to preempt a state’s prerogative to allow absentee voting under the traditional rules that existed at the time, such as being unable to vote in person because of military service. However, allowing citizens to vote almost two months in advance of Election Day, for any reason or for no reason, is another matter altogether. Such a scheme is preempted by 3 U.S.C. § 1 and is unconstitutional under Article II, § 1, Clause 4 of the United States Constitution.
As Judge Roy Moore contends, this is not just an issue to be handled by the state. There are constitutional issues at play, which is why Justice Samuel Alito must accept the case and have it heard by the Supreme Court.
COVID-19 may take down an independent news outlet
Nobody said running a media site would be easy. We could use some help keeping this site afloat.
Colleagues have called me the worst fundraiser ever. My skills are squarely rooted on the journalistic side of running a news outlet. Paying the bills has never been my forte, but we’ve survived. We have ads on the site that help, but since the site’s inception this has been a labor of love that otherwise doesn’t bring in the level of revenue necessary to justify it.
When I left a nice, corporate career in 2017, I did so knowing I wouldn’t make nearly as much money. But what we do at NOQ Report to deliver the truth and fight the progressive mainstream media narrative that has plagued this nation is too important for me to sacrifice it for the sake of wealth. We know we’ll never make a ton of money this way, and we’re okay with that.
Things have become harder with the coronavirus lockdowns. Both ad money and donations that have kept us afloat for a while have dropped dramatically. We thought we could weather the storm, but the so-called “surge” or “2nd-wave” that mainstream media and Democrats are pushing has put our prospects in jeopardy. In short, we are now in desperate need of financial assistance.
The best way NOQ Report readers can help is to donate. Our Giving Fuel page makes it easy to donate one-time or monthly. Alternatively, you can donate through PayPal as well. We need approximately $11,500 to stay afloat for the rest of 2020, but more would be wonderful and any amount that brings us closer to our goal is greatly appreciated.
The second way to help is to become a partner. We’ve strongly considered seeking angel investors in the past but because we were paying the bills, it didn’t seem necessary. Now, we’re struggling to pay the bills. This shouldn’t be the case as our traffic the last year has been going up dramatically. June, 2018, we had 11,678 visitors. A year later in June, 2019, we were up to 116,194. In June, 2020, we had 614,192. We’re heading in the right direction and we believe we’re ready talk to patriotic investors who want to not only “get in on the action” but more importantly who want to help America hear the truth. Interested investors should contact me directly with the contact button above.
Election year or not, coronavirus lockdowns or not, anarchic riots or not, the need for truthful journalism endures. But in these times, we need as many conservative media voices as possible. Please help keep NOQ Report going.
Join fellow patriots as we form a grassroots movement to advance the cause of conservatism. The coronavirus crisis has prompted many, even some conservatives, to promote authoritarianism. It’s understandable to some extent now, but it must not be allowed to embed itself in American life. We currently have 8000+ patriots with us in a very short time. If you are interested, please join us to receive updates.
Will America-First News Outlets Make it to 2023?
Things are looking grim for conservative and populist news sites.
There’s something happening behind the scenes at several popular conservative news outlets. 2021 was bad, but 2022 is proving to be disastrous for news sites that aren’t “playing ball” with the corporate media narrative. It’s being said that advertisers are cracking down, forcing some of the biggest ad networks like Google and Yahoo to pull their inventory from conservative outlets. This has had two major effects. First, it has cooled most conservative outlets from discussing “taboo” topics like Pandemic Panic Theater, voter fraud, or The Great Reset. Second, it has isolated those ad networks that aren’t playing ball.
Certain topics are anathema for most ad networks. Speaking out against vaccines or vaccine mandates is a certain path to being demonetized. Highlighting voter fraud in the 2020 and future elections is another instant advertising death penalty. Throw in truthful stories about climate change hysteria, Critical Race Theory, and the border crisis and it’s easy to understand how difficult it is for America-First news outlets to spread the facts, share conservative opinions, and still pay the bills.
Without naming names, I have been told of several news outlets who have been forced to either consolidate with larger organizations or who have backed down on covering certain topics out of fear of being “canceled” by the ad networks. I get it. This is a business for many of us and it’s not very profitable. Those of us who do this for a living are often barely squeaking by, so loss of additional revenue can often mean being forced to make cuts. That means not being able to cover the topics properly. Its a Catch-22: Tell the truth and lose the money necessary to keep telling the truth, or avoid the truth and make enough money to survive. Those who have chosen survival simply aren’t able to spread the truth properly.
We will never avoid the truth. The Lord will provide if it is His will. Our job is simply to share the facts, spread the Gospel, and educate as many Americans as possible while exposing the forces of evil.
To those who have the means, we ask that you please donate. We have options available now, but there is no telling when those options will cancel us. We just launched a new GiveSendGo page. We also have our GivingFuel page. There have been many who have been canceled by PayPal, but for now it’s still an option. Your generosity is what keeps these sites running and allows us to get the truth to the masses. We’ve had great success in growing but we know we can do more with your assistance.
Thank you, and God Bless!
All ORIGINAL content on this site is © 2021 NOQ Report. All REPUBLISHED content has received direct or implied permission for reproduction.
With that said, our content may be reproduced and distributed as long as it has a link to the original source and the author is credited prominently. We don’t mind you using our content as long as you help out by giving us credit with a prominent link. If you feel like giving us a tip for the content, we will not object!
JD Rucker – EIC