Supreme Court Rejects Texas Election Lawsuit

BY Herschel Smith
1 year, 11 months ago

The “Supreme Court” did what I predicted they would do.  I was correct, though I take no joy in that fact.  At Instapundit, Glenn has this post up.  Most interesting to me isn’t the fact that the court rejected the argument, nor what the experts think about that.  It is the comments on the article, which are currently well over 1100.  A sample of them follows.

I’ve been pondering a reaction to this news. Fairly simple. It’s time to get serious.

How so? Whatcha gonna doo?


It’s time to finally accept the fact that we have a corrupt Federal government that prosecutes not based upon the rule of law, but based upon politics. We cannot rely on what is right or what is legal to save us.

It’s a complete and total game changer.

Depends on how froggy Texas and the States that joined her get. If the noise about secession or Art I, Sec 10 — and war between the States — gets heavy: Expect it.


will not uphold the Constitution, and the next administration is in office only through the open in-you-face rigging of a national election in a handful of counties in a handful of swing states, what moral responsibility do we have to follow SCT decisions and listen to the next administration?

None, I would argue.

War is the remedy that our enemies have chosen, and I say let us give them all they want.
– William Tecumseh Sherman

SO be it. The Constitution is dead, no Constitution, no Republic. No Republic, no federal government.

Good bye all of my Instapundit/DISQUS comrades, time for war and I bid you adieu.

Civil War is the only solution now. The republic is as corrupt as 1936 Spain.

We’re in a new era. Rules are for chumps.

Welcome to dystopia.

For ideas on resisting tyranny, read Matt Bracken’s Enemies Foreign and Domestic book 1 and read up on history, such as Barbara Tuchman’s The Proud Tower.

The GOP is DEAD to me. At all levels of government.

This country is something I despise now.

This is only a smattering.  It’s all very serious.  The American public has been placed in an awful position.

A few urban areas controlled by democrats pulled their pants down to their ankles, mooned the rest of America, and America is going to have to decide whether to take it, and if not, exactly what to do about it.

Circle the wagons.  This may get froggy.

Trackbacks & Pingbacks


  1. On December 11, 2020 at 9:45 pm, John said:

    Sadly, it is the logical conclusion.

  2. On December 11, 2020 at 10:06 pm, Hudson H Luce said:

    The election stands, and Biden will be inaugurated, election fraud or not. The rationale is that it’s up to the states to run their own elections as they see fit, and the courts should not intervene. It’s no real surprise, given what Chief Justice Roberts wrote in an opinion in October: “The Constitution dictates a different approach to these how-much-is-enough questions. The Constitution provides that state legislatures—not federal judges, not state judges, not state governors, not other state officials—bear primary responsibility for setting election rules. Art. I, §4, cl. 1. And the Constitution provides a second layer of protection too. If state rules need revision, Congress is free to alter them. Ibid. (“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations . . . ”). Nothing in our founding document contemplates the kind of judicial intervention that took place here, nor is there precedent for it in 230 years of this Court’s decisions. Understandably so. Legislators can be held accountable by the people for the rules they write or fail to write; typically, judges cannot. Legislatures make policy and bring to bear the collective wisdom of the whole people when they do, while courts dispense the judgment of only a single person or a handful. Legislatures enjoy far greater resources for research and factfinding on questions of science and safety than usually can be mustered in litigation between discrete parties before a single judge. In reaching their decisions, legislators must compromise to achieve the broad social consensus necessary to enact new laws, something not easily replicated in courtrooms where typically one side must win and the other lose. Of course, democratic processes can prove frustrating. Because they cannot easily act without a broad social consensus, legislatures are often slow to respond and tepid when they do. The clamor for judges to sweep in and address emergent problems, and the temptation for individual judges to fill the void of perceived inaction, can be great. But what sometimes seems like a fault in the constitutional design was a feature to the framers, a means of ensuring that any changes to the status quo will not be made hastily, without careful deliberation, extensive consultation, and social consensus.”

    The trouble is, is that the country is divided, and the reason for the continuing acrimony is the power of the Federal government. Over the past 90 years or so, it has decreed numerous one size fits all policies, and has created a body of Administrative law which in effect supersedes the Constitution, and nullifies considerable amounts of it – and then extends this overreach to the states, in violation of the Tenth Amendment and its intent. Originally, the Federal government had three main policy roles – to work out foreign policy, to arbitrate disputes between the states, and to provide for a common defense. Other matters included issuing currency and coining money, protecting intellectual property, and so forth – all matters common to all of the states. And if the Federal government had stayed within these Constitutional bounds, we would not have this terrible conflict every four years – the states would be able to decide most matters for themselves, so rural states would not be imposed upon by urban states, and vice versa.

    But instead a huge administrative bureaucracy was formed, and the Federal government essentially destroyed this system, known as Constitutional Federalism (see Oddly enough, today’s ruling upholds Constitutional Federalism – if state legislatures shirk their responsibilities, then bad results – as have been seen in these four states – will occur. The legislatures could outlaw electronic voting machines, for one, and they could create a structure whereby fraudulent elections could be invalidated. And they could have done that decades ago. But they didn’t, and we have these results which those legislatures and so many people find so unappealing.

    So it might be a good thing to get rid of the alphabet soup in the Beltway, abandon the one-size-fits-all policy choices, and toss most of the Code of Federal Regulations in the trash, except for that very limited part which conforms to Constitutional strictures. There would be no reason to have nullification or secession, the people in the various states would have the authority and ability to run their affairs as they saw fit.

  3. On December 11, 2020 at 10:34 pm, Hudson H Luce said:

    Here’s something interesting – “A letter from a number of prominent conservatives and Republicans called on various state legislators to “exercise their plenary power” to call up electors to the Electoral College, saying that officials in these states violated the Constitution through their orders.

    The letter, posted on Dec. 10, said: “The evidence overwhelmingly shows officials in key battleground states—as the result of a coordinated pressure campaign by Democrats and allied groups—violated the Constitution, state and federal law in changing mail-in voting rules that resulted in unlawful and invalid certifications of [Joe] Biden victories.”

    They contended that President Donald Trump is the rightful victor over former Vice President Joe Biden.”

    And the legislators could in fact do this – and by today’s ruling, I don’t think the Supreme Court would intervene… By legislative act, invalidate the elections in areas where massive fraud occurred, and on the basis of the remaining votes, appoint new electors.

  4. On December 11, 2020 at 10:36 pm, Fred said:

    One is forced to ask then; what is the courts opinion of a state(s) withdrawing from the union?

  5. On December 11, 2020 at 10:46 pm, George 1 said:

    @Fred, If this goes sideways the SCOTUS may not have standing anymore, HA HA.

  6. On December 11, 2020 at 10:52 pm, Rob Mules said:

    “A democracy is nothing more than mob rule, where 51% of the people may take away the rights of the other 49%.”

    Thomas Jefferson

    Democracy is the road to socialism.
    — Karl Marx

    “Communism needs democracy like the human body needs oxygen.”
    –-Leon Trotsky

    “We will destroy democracy with the weapons of democracy.”
    Adolf Hitler

  7. On December 11, 2020 at 11:05 pm, George 1 said:

    One thing we have conclusively proven. Trump is a crappy judge of character. Thanks Coney, Thanks Kavanaugh and thanks Gorsuch.

    You are all fine examples of the deep state cabal.

  8. On December 11, 2020 at 11:48 pm, George 1 said:

    Now it looks like the FBI is trying to drum up charges against the Texas Attorney General, Ken Paxton.

  9. On December 12, 2020 at 12:57 am, Hudson H Luce said:

    I’d hope that someone has the intelligence to tell the FBI to just drop it, or Texas and a few other states might just challenge the jurisdiction of the FBI on Tenth Amendment grounds – after sending them packing across state lines. Maybe many state lines, come to think of it.

  10. On December 12, 2020 at 3:17 am, HempRopeAndStreetlight said:

    The Constitution is nullified openly now – and with it the legitimacy of all laws in this nation. Federal forces now operate without mandate and only by application of force. There are no RoE beyond what each person can justify and come to terms with. Objectives are also individual in nature.

    Your commanding officer is God and your conscience. Use common sense to define your mission – and prepare on a personal and spiritual level for any potential consequences.

  11. On December 12, 2020 at 7:46 am, Mark Matis said:

    Hot civil war starts on 20 January. Pick your targets.

    For me, they are the Communists. Every one of them. And every one of their enablers!

  12. On December 12, 2020 at 9:10 am, ragman said:

    This rejection was not based on standing or law. It was based in fear, fear of what blm/antifa would do if the Nine Robed Destroyers came down on the side of Texas and the other states that supported the Lone Star State. The burn, loot and murder festivities of this spring and summer would look like child’s play, at least to the SC. Better get yer guns, parts, mags and ammo now, if you can find ’em.

  13. On December 12, 2020 at 9:16 am, Adino said:

    ‘We the People’ allow ourselves to be governed in accordance with contracts, the State and Federal Constitutions.

    There are two parties to the contract:
    1) Government
    2) ‘We the People’

    What we are witnessing, is one of the parties, government, irrevocably altering the contract, and then pretending the contract is still valid.

    It does not work that way.

    Irrevocable alteration without the consent of the 2nd party means the contract has been nullified and voided.

    State and Federal governments are continuing to act as though the altered contract is valid, and their governance legitimate. But that is no longer the case. Period.

    Government attempting to ‘rule’ without an approved contract is an enemy, and occupying force.

    We are no longer dealing with countrymen and legitimate governance. We are dealing with a hostile occupation force.

    Give me just a second here, I have the appropriate response….(blows dust off of document)…..

    We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.

    That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

    Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

  14. On December 12, 2020 at 9:17 am, GWMCKLINTOCK said:

    2 U.S. Code § 7.Time of election so evidently u.s. code is irrelevant to the Supreme Court because I know the lawsuit mentioned the time of the election which is expressed as the first Tuesday after the first Monday of November. Any ballot is null and void after election day so once again the Supreme Court has horse fukt not only the Constitution but the American citizens, in fact the 80 million American citizens who voted for President Trump.

  15. On December 12, 2020 at 9:39 am, John Taylor said:

    “May you live in interesting times.”

  16. On December 12, 2020 at 9:45 am, Bill Buppert said:

    The Constitution was built to create the largest and most intrusive government on Earth; it’s working as designed.

    Democracy is working just as designed by rewarding moral hazards and the worst instincts of envy in man. There is no such thing as limited government. Nothing that has occurred so far is out of design specifications. If the franchise has no limits, then consequently government will observe no limits in acquiring and maintaining power.

    Patrick Henry smelled a rat and that putrid corpse is what is causing distress right now to individual liberty. The Anti-Federalists were right, again.

    No answer but partition, full stop.

    “A man is no less a slave because he is allowed to choose a new master once in a term of years.”

    Lysander Spooner

  17. On December 12, 2020 at 9:47 am, Ned said:

    Watching the left pivot from “Russian Collusion” to “there is no election fraud” has become less than amusing. And now YouTube – and, I assume, TwitFace are removing content that indicates there was massive fraud and that Trump won – has moved from the realm of propaganda to a mass gaslighting campaign.

    Based upon the number of people I see wearing masks, the campaign will be wildly successful.

    The left, along with help from oligarchs, China and government are the ones who have removed the option of the ballot box. Not us.

    I know that any communist is my enemy.

    Everything that happens now is on them.

  18. On December 12, 2020 at 10:08 am, Matt Bracken said:

    We are on the same wavelength.
    The Constitution is a dead letter, SCOTUS just made it official.
    We are past the rule of law.

    I just wrote this and posted it at American Partisan:

  19. On December 12, 2020 at 10:24 am, Fred said:

    Three things need to happen simultaneously. These are the next logical steps to take.

    1. The people of the states where cheating most affected the election need to turn on their masters, armed, round them up. Team varsity is going to have to do this with active support from the good ‘ol boys with guns.
    2. Trump should declare an insurrection.
    3. States need to draft and pass secession legislation.

    This all needs to happen now. Open rebellion on every level.

  20. On December 12, 2020 at 10:33 am, Aesop said:

    It’s on. There’s no avoiding it now.

    Unless those officially armed get a jump on rounding up the coup leaders, this is devolving to a retail-level counter-coup, by default.

    Challenge accepted.

  21. On December 12, 2020 at 10:59 am, revjen45 said:

    I can no longer participate in reciting the Pledge of Allegiance because “the Republic” for which it stood no longer exists.

    All votes delivered at 2400-3300 fps will be counted regardless.

  22. On December 12, 2020 at 11:08 am, Fred said:

    It’s time to actively encourage radical change and plow through anyone trying to stop it. This is the way!

  23. On December 12, 2020 at 12:16 pm, Ned2 said:

    @ George 1″Trump is a crappy judge of character”

    Maybe, but he’s exposed an awful lot of those poor characters to the sunlight. I don’t know if that was by design or sheer luck.
    We have known for twelve years or more that communism was at our doorstep clawing it’s way in, so the chain of events shouldn’t surprise anyone.
    And what matters about the Supreme Court? They’re not supposed to be legislating anyway.

    Are we going to be witnessing Succession or Balkanization, that’s what all of us should be thinking right now. Politics is dead.

  24. On December 12, 2020 at 12:20 pm, Ned2 said:

    I would advise anyone working in Government to consider a new career path as soon as feasible.

  25. On December 12, 2020 at 3:14 pm, Brad said:

    Everyone should watch this. Fast before it’s gone. There still will be fighting, but this has always been the plan.

  26. On December 12, 2020 at 4:52 pm, Rob B said:

    30 years ago, we told you so. Now, there are only 2 choices left, and neither of them are good…

  27. On December 12, 2020 at 6:30 pm, DWEEZIL THE WEASEL said:

    Whenever the legislators endeavor to take away and destroy the property of the people or reduce them to slavery by arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience. – John Locke.

  28. On December 12, 2020 at 11:00 pm, UnderArock said:

    I’ve been saying for 35 of my 50 years on this planet, McCarthy was right…

  29. On December 13, 2020 at 2:05 am, Mark Irons said:

    If the country balkanizes and/or states secede and form say a “Constitutional Confederation of Red States” comprised of say the 20 states + Texas that were part of the lawsuit: Alabama, Arizona, Arkansas, Florida, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, S. Carolina, S. Dakota, Tennessee, Texas, Utah, W. Virginia, Wyoming. Would the remaining states just be deemed enemy blue states? What happens to our west coast defenses in particular? What happens to Commiefornia when they need help/aid/assistance on any number of levels? Will they openly invite/accept offers for same from the CCP who would then flood American soil with troops of the People’s Liberation Army? Would the UN get involved? Imagine American Patriots having to fight foreign and domestic enemies simultaneously! Don’t mind me, just verbally expressing my anxiety…

  30. On December 13, 2020 at 10:11 am, Bill Sullivan said:

  31. On December 13, 2020 at 11:54 am, Papa said:

    Here we are.
    Trying to reason with the the unreasonable.

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This article is filed under the category(s) War & Warfare and was published December 11th, 2020 by Herschel Smith.

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