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SCOTUS Dismisses Lawsuit Arguing 388 Officials Violated Their Oaths of Office By Certifying the 2020 Election

    The Supreme Court announced on Monday that it will not take up a lawsuit against former Vice President Mike Pence, President Joe Biden, Vice President Kamala Harris, 291 House members, and 94 senators over the contested 2020 election.

    The lawsuit argues the 388 defendants violated their oaths of office by refusing to adequately investigate the 2020 election before accepting the electoral votes on Jan. 6, 2021.  This allegedly led to Biden and Harris being illegitimately inaugurated.

    “The Petition was denied,” plaintiff Raland Brunson posted Monday on his Facebook account. “We will now make our next move. A petition for reconsideration. Hang in there everyone.”

    On Sunday, Brunson had prepared followers for the potentially adverse decision.

    “Hello my fabulous patriots and friends,” petitioner Raland Brunson also stated on Facebook. “Okay! Here is the deal with tomorrow’s decision. The Supreme Court’s schedule of posting decisions is always the Monday following conference. So, we won’t know anything until Monday! Now, don’t think for a second that my brothers and I are not prepared for a denial. We’ve got plenty of chess pieces still at play and we still have our queen. Through hard knocks we have learned how this political/litigation game works, so keep up the prayers and your letters to the Supreme Court! You count! We love everyone of you! Thank you for your wonderful support!”

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    The Brunson lawsuit is only one of a number of high stakes legal battles expected to be fought in 2023.

    The Electoral Count Reform and Presidential Transition Improvement Act of 2022, also known as the ECRA, was buried deep in the $1.7 trillion “omnibus” spending package passed in December.  The sweeping act places limitations on the ability of voters to dispute elections through representative bodies.

    The legislative reform deprives the vice president of the power to return slates of electors to contested states, as Trump demanded that former Vice President Mike Pence to do on Jan. 6, 2021. The ECRA now states that the vice president has solely a ministerial role in presiding over the joint session of Congress when lawmakers certify Electoral College results. Furthermore, Congress is raising the threshold to return a slates of electors to a state to one-fifth of the House and one-fifth of the Senate.

    However, Constitutional scholar named Rob Natelson, who taught Constitutional law for twenty-five years and whose scholarly research has been cited numerous times in SCOTUS cases, believes the ECRA constitutes federal overreach. He argues that some provisions of the ECRA are likely to be struck down by the Supreme Court.

    The fate of the ECRA may hinge on a forthcoming decision in the Supreme Court case Moore v. Harper, which is expected to be rendered in June. The Court is now deliberating on the North Carolina General Assembly’s claim that state lawmakers have sole authority — independent of state officials and state courts — to regulate federal elections, as stipulated under the Election Clause within the U.S. Constitution.

    Another court case on elections was decided on January 6. Three federal judges ruled on Friday that South Carolina had racially gerrymandered its 1st Congressional District and thus must redraw the map.

    The nation’s highest court has been reluctant to intervene in election disputes. But in 2023, it will certainly weigh in on court cases that have the potential to shape U.S. elections for years to come.

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    OPINION: This article contains commentary which reflects the author's opinion.