January 13, 2008
U.S. Supreme Court Denies Certiorari
for Landmark Right to Petition Case
Constitutional Crisis Escalating
Appropriate Next Steps
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
Order denying certiorari.
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.
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.
attention is now focused on defining the appropriate next
steps for a Free People to take under the current
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).
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.
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
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.
to read 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
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.
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
begin to spread word of this Constitutional travesty across
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.
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
Acta Non Verba
Read the Emergency Motion to the Second Circuit Court of
Docket entry of Supreme Court denying Certiorari for RTP
lawsuit, case 07-681
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
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