Following the 2020 election, certain legislators, Senators and others brought forward evidence and claims suggesting there was some sort of malfeasance during the 2020 election.
Once these claims and evidence were brought forward following the election, Congress was required to pause in order to investigate and ascertain the validity of these concerns. Among other things, this pause would have delayed the January 6th vote by Congress to certify the Electors and thus confirm the results of the election and next President of the United States.
Mike Pence and members of Congress voted NOT to pause nor did they implement an investigation surrounding these claims. Congress proceeded to confirm the Electors and their votes and name Joe Biden as newly elected President.
The case asserts that by failing to fulfill the requirement to investigate, all those who refused to investigate failed to fulfill their Oaths to protect the Country and Constitution. Failure to protect the Country is tantamount to committing treason. Consequently, these officials are open to investigation on such charges and if found guilty they could face the associated penalties.
The case asks that all those who failed to protect the Country be immediately removed from office and barred from holding future public office for the remainder of their lives. This would potentially include the President, Vice President and more than 380 members of Congress. Were this to be granted it could be followed by further investigation into their actions which could lead to criminal proceedings.
Why is this case now before the Supreme Court?
The Supreme Court has thousands of cases brought to it for review each year. It is the Court’s decision which cases to take on and typically they review a relatively small number (several hundred per year of the thousands submitted.)
This case is before SCOTUS because they CHOSE to review this case.
Why would this case of all of those brought forward be one of those chosen for review? Most Constitutional professors and those familiar with the Supreme Court would suggest that the Court would be extremely unlikely to take this case on. It’s too controversial, too volatile, too outlandish. So the question remains “why did they agree to review this case?”
Who asked for Congress to pause and investigate?
During the first week of January 2021, prior to January 6th, amidst numerous instances of emerging evidence and concerns, U.S. Senators Ted Cruz, Ron Johnson, James Lankford, Steve Daines, Marsha Blackburn, and Mike Braun, along with Senators-Elect Cynthia Lummis, Roger Marshall, Bill Hagerty and Tommy Tuberville, issued a statement calling for a 10-day pause in the Electoral process, and further asked Congress to appoint an Electoral Commission and to perform an emergency audit on the election results from the disputed States.
Was there precedent for such a “Pause”?
In fact, in 1877 allegations of fraud and illegal conduct arose surrounding the Hayes-Tilden Presidential Race, Congress appointed an Electoral Commission including five Senators, five House members and five Supreme Court Justices who were charged with investigation and resolution of the disputed returns.
In 2020, Congress refused to be guided by this precedent and chose not to conduct such an investigation.
What could the Supreme Court do?
They have several choices –
When would/could the Court act?
SCOTUS has no time limit as to when they are required to act. It is notable that in the midst of the Holiday season that the case would be before them. Also of note is that we are currently under a “lame-duck” Congress. The new Congress is due to be sworn in January 3, 2023.
SCOTUS COULD act at any time of their choosing.
Where did this case come from?
The case was one of several filings by the Brunson brothers from Ogden Utah. Following earlier attempts, on June 21, 2021, Raland Brunson filed this case in the Utah’s 2nd District Court.
In August 2021, U.S. Attorneys stepped in to have the case moved to Federal Court and subsequently asked to have the case dismissed.
The case was initially dismissed by the Federal Court and the Brunson brothers pursued appeal through the 10th Circuit Appellate Court.
After learning there was no need to wait for a ruling by the 10h Circuit court, the Brunson brothers began preparations to bring the case before the United State Supreme Court.
A revised petition was submitted to SCOTUS on October 21st, 2022 and appeared on the docket on October 24. On November 23, 2022, Elizabeth B. Prelogar, the Solicitor General of the United States and attorney for the defendants waived the right to respond to the lawsuit. This opened the door for SCOTUS to review the case in conference in the coming days.
What happens next?
The Supreme Court Justices can consider the case in private conference, which may occur in the next week. If four of the Justices agree, the case can move to a full hearing.
All should keep a sharp eye on the Brunson v. Adams case as new information and findings emerge.
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