Does anyone know about this??

[MFM008]

I saw this online. Anyone else heard?
No link sorry.



Asa Gordon, a retired astrodynamicist and currently Executive Director of the Douglass Institute of Government, has filed a potentially ground breaking suit in the United States District Court for the District of Columbia (Gordon v. NARA, 1:16-cv-02458, filed December 16, 2016). Decisions of the D.C. Circuit Court of Appeals, one notch up, have the same binding precedential value nationwide as those of SCOTUS.

The suit is Mandamus Civil Action under the Administrative Procedures Act seeking to compel the Office of the Federal Register of the National Archives and Records Administration to REJECT Certificates of Votes that record the award of Electors on a winner-take-all basis. The suit alleges that such certificates are ungrounded in State Law, Federal Law or the United States Constitution, and that such award is specically contrary to required proportional allocation of Electors based on Amendment 14, Section 2, as enforced by 2 U.S.C§6.

The suit alleges that the correct allocation of Electors should be: Clinton (291), Trump (244), Johnson (3). IF PLAINTIFF PREVAILS, CLINTON WOULD BE ELECTED PRESIDENT, NOT TRUMP.

The question raised is whether selection of Presidential Electors pledged to Donald Trump on December 19th, 2016 on a "winner-take-all" basis abridged the right of state citizens (who voted for presidential electors pledged to other candidates) violate of the malapportionment penalty clause of the Second Section of the Fourteenth Amendment. Under the plaintiff’s theory of the case, "Certificates of Votes" for 11 states violate the Constitution's Malapportionment Penalty Clause. These eleven states are Alabama, Arizona, Georgia, Indiana, Iowa, Michigan, North Carolina, Pennsylvania, South Carolina, Tennessee and Wisconsin.

Allegedly the United States Constitution requires that States allocate their presidential electors in proportion to the popular vote split or suffer the federal statutory mandate to reduce the states' representatives in Congress. Allocation of electors on a 'winner take all' basis without an explicit state election code triggers the malapportionment penalty of Section 2 of the 14th Amendment (Amend.14§2), as implemented by the "reduction of representation" federal statute Section 6 of title 2 of the United States Code (2USC§6). The "reduction of representation" statute creates a remedy for the abridgment of the right "to vote at any election for the choice of electors for President and Vice-President of the United States."

Only thing I could locate online was acknowledgement that such case has been filed. The sole document listed is the complaint that is apparently not available for downloading. I have no access to PACER, the government’s controlled access search engine utilized on federal court websites.

https://www.unitedstatescourts.org/federal/dcd/183416/

[triron]

1. Have not seen or heard about this.

Worth a shot I guess but very long shot. VERY long. But I know nothing about law or constitutional law.How did you find the details?

[MFM008]

2. OK we will have to

keep an eye out..........

right in the post, i copied it as is from a democratic site.

[jimlup]

3. Don't hold your breath

the system is now pretty much "rigged" as the orange baboon king would say.

[ProudLib72]

4. Low profile

good. Till the media gets wind of it and the twitter feeds get jammed.

[pnwmom]

5. The man who filed the lawsuit, Asa Gordon, is Chair of the DC Statehood Green Party.

Here's a link to more information.

http://www.electors.us

ON EDIT:

I don't know anything about this site, but Asa Gordon seems to have filed a similar lawsuit in 2008, and was denied on the grounds of standing -- meaning, he wasn't the right person to file.

http://independentpoliticalreport.com/2009/04/court-rules-on-pro-bono-electoral-college-lawsuit-filed-by-a-dc-statehood-green-party-member/

[underthematrix]

11. Thank you for posting this. I thought it happened in 2008 as well.

[eggplant]

6. I think the key phrase is "without an explicit state election code".

The presumption here would be that the states in question don't actually have such a law on their books. I have no idea either way.

[Buckeye_Democrat]

7. Interesting!

Clinton would have won the electoral college if ALL states allocated their electors proportionally too, of course!

If we're going to keep the damn electoral college, that seems like a sensible way to do it!

I did the calculations just for sh*ts and giggles a few days after the election, mostly to see how close proportional electoral allocation came to the popular vote, percentage-wise. (The popular vote totals have since been updated because of slow counts.) Not that it really matters, but Clinton had an even bigger percentage gap among proportional electors than she did the popular vote! At least at that time. EDIT: It was very nearly the same, though! Not a big difference at all.

[treestar]

8. Awesome!

Nothing wring with trying !

[triron]

9. kick for visibility

Why is anything different this time if this is not 1st time?

[onenote]

10. Asa Gordon is a serial litigant. And serial loser.

He's been pushing his apportionment theory for years and has consistently been shot down by the courts. And he will be again.

Here's an earlier decision:
https://www.courtlistener.com/pdf/2011/11/23/gordon_v._miller_1.pdf

[SCantiGOP]

13. Right

Nothing here.

[lutherj]

12. Keep us posted. In my experience, revolution is usually triggered in the fine print;-) sarc on# or

some such crap . . .

[AmericanActivist]

14. No, I had not seen that one, but I read about this one

http://mynewsla.com/government/2016/11/15/trump-win-rigged-lawsuit-claims-electoral-college-illegal-violates-one-person-one-vote/

[Binkie The Clown]

15. Even if true, and even if the case is won, it won't be retroactive to this election. n/t

[dlk]

16. Interested Attorneys and/or Con Law Students Should Help Out

Given that the current Electoral College disenfranchises voters, it would seem that interested attorneys or at least enthusiastic con law students would enter this arena. Much has been lost due to the misuse of the Electoral College, including one person, one vote.

[EL34x4]

17. If Gordon is a retired astrodynamicist...

...maybe he should be looking to the skies for that one satellite that's going to fall from orbit and hit President-elect Trump in the head, the chances of which happening are immeasurably better than winning the lawsuit he filed.

[MFM008]

18. It could happen

He is a big fat dinosaur.

[Yupster]

19. The Constitution doers not even require a popular vote for President

State legislatures could just name a slate of electors and the election would be perfectly Constitutional.