January 13, 2008

U.S. Supreme Court Denies Certiorari
for Landmark Right to Petition Case

Constitutional Crisis Escalating 

Coming: Appropriate Next Steps

On January 4, 2008, the Judges of the Supreme Court of the United States, in conference, voted to deny the Petition for Writ of Certiorari in the landmark Right-to-Petition case We The People v. United States. On January 7 the Court issued its Order denying certiorari. 

Without comment, the Supreme Court decided not to hear We The People v. United States, a case which, if heard, would have required the Court to declare -- for the first time history -- whether the Government is obligated to respond to proper Petitions by ordinary, private individuals for Redress of Grievances – specifically Grievances alleging unconstitutional behavior by the Government, and whether the individual having so Petitioned, has the Right to act to peacefully hold the Government accountable if the Government refuses to respond.

In denying to hear this first impression case, the Court has ignored its duty to interpret the meaning of the Constitution, and leaves undisturbed the decision of the DC Court of Appeals which, unfortunately, relied on two cases that were not on point -- they involved employment related grievances by state public employees and state legislation governing same, not Grievances by private parties, and not involving alleged violations of the Constitution. 

The decision by the Supreme Court has grave consequences for the future of individual Rights, Freedom and Liberty, popular sovereignty, government accountability and the great experiment in (self) government that is America. Any Right that is not enforceable is not a Right. 

Our attention is now focused on defining the appropriate next steps for a Free People to take under the current circumstances.

However, there is one remaining judicial option open to us that we are now exercising (let it never be said that we did not exhaust every opportunity for judicial relief). 

Under the Rules of the Supreme Court, we have 25 days to return to the Supreme Court with a petition for rehearing of the Court’s January 7, 2008 Order denying certiorari. 

On January 11, 2008, Bob Schulz and the We The People organization filed an Emergency Motion in the Second Circuit Court of Appeals in United States v We The People (the “6700” case against WTP for distributing the Blue Folder with its information regarding the withholding of pay from paychecks). 

The emergency motion requests a Certificate of Agreement from the Second Circuit, which would have the Second Circuit declare that it agrees that the Supreme Court should reconsider its decision and grant certiorari in We The People v United States (Right to Petition case), because the fundamental questions presented by the People in We The People v United States are similar to those raised in United States v We The People (6700 case), and because the denial of Certiorari by the Supreme Court leaves the Second Circuit without any relevant case law to guide it in deciding its case.

A decision by the Second Circuit on the emergency motion will be issued sometime between Monday, January 14 and Friday, January 18.  Click Here to read the Emergency Motion.

Unless the Court agrees to grant our emergency motion for a Certificate of Agreement and temporarily suspend the proceedings, oral argument in United States v We The People will be heard by the three-judge panel at the Second Circuit Court of Appeals in Manhattan on February 4, 2008.


Appropriate Next Steps 

Make no mistake. 

By its apparent abdication of its duty under the Constitution and refusal to hear our landmark Right to Petition lawsuit, the U.S. Supreme Court has ushered into existence a dangerous state of affairs that can not, and must not, be tolerated by Free People.  

By its denial of Certiorari in this most important case, the Court has sent a silent, but unambiguous decree to the People that cannot be left unchallenged: that the People have lost their Fundamental Right to peacefully hold the Government of their creation accountable to the Constitution and the rule of law.

Please begin to spread word of this Constitutional travesty across the land.

Our Constitution is, indeed, hanging by a thread. We pray the Supreme Court will reconsider this grievous decision that denies to the People a declaration of the full contours of the meaning of the last ten words of the First Amendment.

During the coming days, this Foundation will announce what it believes are the appropriate next steps for the People to restore Constitutional Order and secure Freedom for ourselves, and our posterity.

Acta Non Verba

Read the Emergency Motion to the Second Circuit Court of Appeals

Docket entry of Supreme Court denying Certiorari for RTP lawsuit, case 07-681

Right-click to access the full Supreme Court Order (see page 22)

RIGHT-Click here to download WTP's Petition for Writ of Certiorari
to the U.S. Supreme Court and its Appendix.

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