CENTRAL VIEW for Monday, December 28, 2020

America’s Judiciary: Lost, strayed or stolen?

As of this writing, the final outcome of the 2020 presidential election is still unknown. We do not know what, if anything, the Joint Session of Congress on January 6, 2021, will conclude. Moreover, there are still lawsuits to be resolved.

Whatever happens, the majority of our citizens need to feel the outcome is fair and just. Otherwise, an election that is not ratified in the hearts and minds of most American remains an open, bleeding wound in our body politic.

Yet, today, so many election questions remain unresolved -- election irregularity questions that need the finality of resolution, need the kind of Gestalt (as the Germans would say) that allow us to put the past behind us and move forward.

Inexplicably, most courts to include state and federal have declined to engage these questions on their merits. Opting, instead, to dismiss them on narrow procedural grounds.

We are not talking about state and federal courts declining to hear traffic-ticket disputes. We are talking about a population half of which is convinced the 2020 presidential election was stolen and the other half that believes otherwise. Polling shows 90-percent of Republicans think the election was stolen. Amazingly, over 20-percent of Biden voters think their candidate stole the election.

If the nation moves into 2021 and beyond without a judicial determination as to whether the 2020 presidential election was stolen or not, the Judiciary is allowing an environment in which the two sides will be at each other’s throats forever, making violent confrontations almost certain to occur.

To help federal judges be fair and impartial and to insulate them from partisan concerns, they are appointed for life. Moreover, the salaries of federal judges cannot be reduced. Only in cases of "bad behavior" can federal judges be fired and that involves a vote to Impeach by the House and Conviction by a trial in the U.S. Senate. Over the last 231 years, only 15 federal judges have been Impeached.

And, if the justices are physically fearful, the lower-court federal judges are protected by the U.S. Marshals Service. The U.S. Supreme Court (SCOTUS) has its own police of over 125 armed officers.

Meanwhile, the electoral calendar speeds on toward January 20, 2021, as the ultimate due-date. The quickest way to the SCOTUS is to have a lawsuit between two or more States that fits under the definition of the SCOTUS’ "original jurisdiction." Resolving disputes between the States is within the "original jurisdiction" of the SCOTUS.

States that have faithfully followed their own election laws can righteously allege that several of the key swing States failed to faithfully implement their own election laws and have done so in ways that violate the "equal protection" provisions of the 14th Amendment; thereby, allowing illegal votes to cancel out the legal votes cast by their own citizens. In sum, if illegally cast ballots are given preferential treatment over legally cast ballots, then legal voters have been disenfranchised and, therefore, harmed.

Justice delayed, is Justice denied. Yet, despite an emergency appeal, the SCOTUS is delaying the hearing of a key case on point until January 22, 2021. That is two days after the Inauguration. Apparently, the entire Judicial system has gone MIA, "missing-in-action."

Suggested reading: Rasmussen Reports. U.S. Constitution, Article III.

©2020. William Hamilton.

Dr. Hamilton can be contacted at:

Email: william@central-view.com