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.
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Too Few Are Telling the Truth
Not long ago, conservative media was not beholden to anyone. Today, most sites are stuck on the Big Tech gravy train.
I’ll keep this short. The rise of Pandemic Panic Theater, massive voter fraud, and other “taboo” topics have neutered a majority of conservative news sites. You’ll notice they are very careful about what topics they tackle. Sure, they’ll attack Critical Race Theory, Antifa, and the Biden-Harris regime, but you won’t see them going after George Soros, Bill Gates, the World Economic Forum, or the Deep State, among others.
The reason is simple. They are beholden to Big Tech, and Big Tech doesn’t allow certain topics to be discussed or they’ll cut you off. Far too many conservative news outlets rely on Google, Facebook, and Twitter for the bulk of their traffic. They depend on big checks from Google ads to keep the sites running. I don’t necessarily hold it against them. We all do what we need to do to survive. I just wish more would do like we have, which is to cut out Big Tech altogether.
We don’t get Google checks. We don’t have Facebook or Twitter buttons on our stories. We don’t have a YouTube Channel (banned), and Instagram profile (never made one), or a TikTok (no thanks, CCO). We’re not perfect, but we’re doing everything we can to not owe anything to anyone… other than our readers. We owe YOU the truth. We owe YOU the facts that others won’t reveal about topics that others won’t tackle. And we owe America, this great land that allows us to take hold of these opportunities.
Like I said, I don’t hold other conservative sites under too much scrutiny over their choices. It’s easy for people to point fingers when we’re not the ones paying their bills or supporting their families. I just wish there were more who would break away. Today, only a handful of other major conservative news outlets have broken away from the Big Tech teat. Of course, we need help.
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We know we could make a lot more money if we sold out like so many “conservative” publications out there. You won’t find Google ads on our site for a reason. Yes, they’re lucrative, but I don’t like getting paid by minions of Satan (I don’t like Google very much if you couldn’t tell).
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JD Rucker – EIC