No. 20-1503

Robert C. Laity v. Kamala D. Harris

Lower Court: District of Columbia
Docketed: 2021-04-28
Status: Denied
Type: Paid
Response Waived
Tags: 12th-amendment article-ii constitutional-eligibility executive-office judicial-review natural-born-citizen quo-warranto standing standing-doctrine usurpation
Latest Conference: 2021-05-27
Question Presented (from Petition)

The U.S. Constitution requires that a President and Vice-President of the United States be a "Natural Born Citizen" of the United States pursuant to Article II, Sec.1, Clause 5 and the 12th Amendment. It is the right of the Sovereign to demand of any public official, whose bona-fides is in question, to prove that he or she is entitled by law to occupy the particular public office he or she now occupies. In the U.S. it is "We the People" who are sovereign. The Petitioner properly filed an "Information in the form of Quo Warranto at Common Law" in the proper venue for such actions, the U.S. District Court for D.C., after then Attorney General of the United States William Barr declined to pursue the issue. Subsequent permission was sought from Acting U.S. Attorney General Rosen after Barr resigned from office. The courts below have denied standing to the Petitioner. The Petitioner filed legal briefs in which he provided sufficient grounds in order to establish stand ing to pursue this matter in the name of the United States. Petitioner asserts that Kamala Devi Harris is in office unconstitutionally by virtue of not being a "Natural Born Citizen" of the United States.

1. Can a Constitutionally barred individual remain in office if he/she does not meet a constitutionally mandated criteria for being in said office?

2. Does the fact that the U.S. Attorney General declined to pursue this matter in the name of the United States incontrovertibly preclude an interested third party with proven injury from proceeding on his own, in the name of the United States as a relator?

3. Is it not in the authority of the Judiciary to grant standing to interested third parties in such cases and/or to take action sua sponte to remedy usurpation of our nation's highest offices, by fraud?

Question Presented (AI Summary)

Can a Constitutionally barred individual remain in office if he/she does not meet a constitutionally mandated criteria for being in said office?

Docket Entries

2021-08-02
Rehearing DENIED.
2021-07-08
DISTRIBUTED.
2021-06-16
2021-06-01
Petition DENIED.
2021-05-28
Waiver of right of respondent United States to respond filed.
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-05-07
Waiver of right of respondent Harris, Kamala to respond filed.
2021-04-16
Petition for a writ of certiorari filed. (Response due May 28, 2021)

Attorneys

Harris, Kamala
Beth Susan BrinkmannCovington & Burling, Respondent
Robert Laity
Robert C. Laity — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent