Thursday, December 3, 2020

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Letter to the Editor (02/13/2019)

Dear Editor,

The State of Jefferson’s legal arm, Citizens for Fair Representation (CFR), filed a law suit against the State of California for lack of representation and dilution of vote (case #2:17 cv 00973) on May 8,2017. After a few dates were postponed and reset, Judge Mueller of the 9th District federal court determined that a 3 judge court was to be convened, appropriating a 9-0 2015 SCOTUS decision that 3 judge courts SHALL be convened in apportionment cases, on Aug. 2, 2017. (McManus v Shapiro).

Three weeks later, on Aug. 24, 2017, Judge Mueller reversed her directive and determined that the defendants request for reconsideration be granted. This change of action, according to CFR’S 4 veteran high court attorneys, was unprecedented. Adding to the fact that there was no explanation, virtually all of the court room proceedings favored the plaintiffs (CFR), 

Not only the SCOTUS decision mentioned above but 28 USC 2284 stipulates that a 3 judge court SHALL be convened in apportionment cases. Judge Mueller stated in court that she wished she had others to help with such an important case. (a three judge court was her only choice). 

Judge Mueller and the State of California’s attorney both affirmed in court that this case had merit. Judge Mueller confessed in court that she had conferred with others about how to go about handling this case, this was an unauthorized act on her part. Calling for a 3 judge court was the only legal option; not dismissal, not discussing the merits, not conferring with others beforehand.

On Nov. 29, 2018 this case was unconstitutionally dismissed, however, an appeal has been made to the next stage. It is a challenge not to consider what really is at work here. To not recognize the political maneuvering would be naive on the one hand and willfully ignorant on the other. The incestual cesspool of bureaucratic do gooders, good for you because I say so, is usually the sign of tyrants.

Lew Manor 

Colusa, CA

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