SCOTUS 9-0: Election Day Is One Single Day. Listen to oral argument from Foster v. Love (1997):

If the state Legislatures would just sit down for an hour and listen to the oral argument in Foster v. Love, they would have such an easy time understanding their plenary authority was triggered at midnight after Nov. 3rd. (You may listen to the audio here.). Let’s examine some of the transcript:

Justice Ruth Bader Ginsburg:

“It is an election, and it seems to me, being an election it conflicts with the Federal single Election Day.”

You can’t canvass for days/weeks on end. As Justice Ginsburg said, it’s “the Federal single Election Day.” And the unanimous opinion in this case was consistent with the oral argument, holding that “the election” must be consummated on “the day”.

Justice Souter then had this heated (listen to it) exchange with the Louisiana Attorney General, who was knocked out cold at oral argument, and then lost in a 9-0 decision. That’s going to be the outcome now as well if the state Legislatures would stop being bullied by their governors, secretaries, and attorneys general, and start fighting to end the usurpation of their elector choosing plenary authority. Check it out:

AG Richard I. Ieyoub

Louisiana could do that, Your Honor, but what we’re saying here is that Louisiana’s open primary scheme in no way really clashes or conflicts with the Federal Election Day statute.

Justice David H. Souter

Well, it does conflict, because it has an election on a day other than the day specified by the Federal statute.

That’s why we’re here.

Isn’t that a clear conflict?

AG Richard I. Ieyoub

No, Your Honor, because I believe that you can’t necessarily give a literal interpretation in this particular–

Justice David H. Souter

Why not?

AG Richard I. Ieyoub

Well

Justice David H. Souter

The statute’s clear.

AG Richard I. Ieyoub

simply because I think that it might… it would lead to unreasonable–

Justice David H. Souter

What’s unreasonable about it?

Congress has decided that it wants the election to occur uniformly on a given day in November throughout the United States.

Sometimes, oral argument is not a good predictor of outcome, but looking back on this one, or rather, listening back – you really must hear this for yourselves – it was a very bad day for the Louisiana Attorney General.

State Representatives and Senators should be adopting Foster v. Love, 522 U.S. 67 (1997), in their statements to the public, and they should join this action now before the Supreme Court. The law is with you.

7 Responses to “SCOTUS 9-0: Election Day Is One Single Day. Listen to oral argument from Foster v. Love (1997):”

  1. I think this paragraph goes to the heart of your case. “While true that there is room for argument about just what may constitute the final act of selection within the meaning of the law, our decision does not turn on any nicety in isolating precisely what acts a State must cause to be done on federal election day (and not before it) in order to satisfy the statute. Without paring the term “election” in § 7 down to the definitional bone, it is enough to resolve this case to say that a contested selection of candidates for a congressional office that is concluded as a matter of law before the federal election day, with no act in law or in fact to take place on the date chosen by Congress, clearly violates § 7.4” I read this as we don’t exactly know what act makes an official election on election day but we know that any selection before that day violates the law. I think that’s what they meant.

    • naturalborncitizen Says:

      This part is key:

      “By establishing a particular day as ‘the day’ on which these actions must take place, the statutes simply regulate the time of the election, a matter on which the Constitution explicitly gives Congress the final say.”

      The combined action of voters & officials is “the election”, and it “must take place” on “the day” prescribed by Congress. The election “must” be consummated on Election Day.

  2. A little nautical birdie sent TGP a tip earlier today. And they now have published this. See: https://www.thegatewaypundit.com/2020/12/legal-scholar-argues-states-undecided-winner-presidential-race-midnight-election-day-acted-outside-constitution-results-therefore-void/#post-comments The birdie also tipped TGP about the filing at SCOTUS too. But I think they are waiting to see it on the docket before reporting on that. Keep up the good work. CDR Kerchner (Ret), Lehigh Valley PA USA

  3. […] Respecting the Constitution? « SCOTUS 9-0: Election Day Is One Single Day. Listen to oral argument from Foster v. Love (1997): […]

  4. […] used to determine a winner on Election Day. The Court was adamant that the election must be consummated on federal Election […]

  5. […] my papers were stalled by their clerks. Make no mistake about it, my case is a clear winner under Foster v. Love, and the Supreme Court simply may not want it docketed for that […]

  6. […] my papers were stalled by their clerks. Make no mistake about it, my case is a clear winner under Foster v. Love, and the Supreme Court simply may not want it docketed for that […]

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