Georgia Law Not Enforced Against the Powerful

It’s official: the corruption goes all the way to the top of the Georgia judicial branch. This week the Georgia Supreme Court denied our motion for an emergency injunction to delay the certification of the Georgia Democratic Presidential primary election results. Yesterday the Georgia Secretary of State certified Obama as the winner of that election.

There’s an old saying in law: reasonable minds can differ on almost any argument. Our motion for injunction was an exception to the rule. No reasonable, unbiased person would have denied this motion. We were asking for something that wouldn’t have harmed the defendant in any way. Delaying certification of the primary election results for a few weeks would not have changed the outcome of the election and would not have cost a dime. When granting an injunction will harm no one, and denying the motion will arguably destroy the Constitution, what possible reason could be given for denying the motion? Apparently the answer for the Georgia Supreme Court is: None.

The order denying our motion was one sentence:

“Upon consideration of Applicant’s ‘Emergency Motion for Preliminary Injunction,’ the motion is hereby DENIED.”

You can see the order on our website. Such one-sentence orders are not unheard of. However, in this case issuing a one-sentence denial reflects an unbelievable level of disregard for the importance of this motion. Add to that the fact that a denial is completely unsupportable considering the relief requested, and you can see why this ruling is so appalling. Essentially the Georgia Supreme Court said: We deny your request for relief that would have harmed no one, and we have so much contempt for your request that we’re not going to bother explaining our shocking ruling.

The Court also waited to rule until an appeal to the U.S. Supreme Court was impossible. Liberty Legal Foundation filed our emergency motion seven days before the Georgia Court ruled. As you can see from our filings on our website we gave the Georgia Court all the information it needed, including the lack of harm that would result from granting our motion. Both LLF and Georgia Representative Mark Hatfield pointed out to the Court the date on which the Secretary of State planned to certify the election. Yet the Court sat on our filings for seven days, then ruled on the day certification had been planned.

If we had been given one or two days we could have filed an emergency motion with the U.S. Supreme Court. Currently the Justice assigned to review such motions from Georgia is the most Constitutional originalist, Justice Clarence Thomas. I’m sure that the Georgia Supreme Court is aware that Justice Thomas would have been our next step, had we had time to file another motion. The Georgia Court ensured that such review was not possible by waiting until the last day to rule before our motion became moot. It is possible that this timing was nothing more than a busy court not being able to rule faster, but after what we have seen in Georgia, do you believe that? Even if that is true, what does it say about this Court’s level of respect for the importance of this case? The Court didn't even bother to spell our client's name correctly!

I believe that this latest ruling proves that Georgia law does not apply to the powerful. Put another way, Georgia laws are enforced against the powerless by the powerful, but when the powerless try to have the laws applied to the powerful the courts protect the powerful. This is worse than anarchy. With total anarchy everyone knows that the powerful rule. With anarchy everyone understands that the only rules are the rules that the powerful want to enforce, when the powerful want to enforce them. What we have in Georgia is a system of laws and courts that appear to be fair and claim to be impartial, but in reality the purpose of the laws and courts is to deceive the people into thinking that justice is possible. The laws and courts are a sham. The courts serve to disguise the one-sided enforcement of the law.

Liberty Legal Foundation will continue to fight this case. The Georgia Supreme Court denied our injunction, but it has not ruled on our underlying case. When it dismisses our case we will appeal to the U.S. Supreme Court. We are also still fighting the eligibility issue in Tennessee and Arizona. I’ll update you on those cases, our Obamacare case that is ongoing separate from the upcoming Supreme Court hearings, and the threats against us soon. Please continue to support our efforts.

In Liberty,

Van Irion, Founder

LIBERTY LEGAL FOUNDATION