Dec172018

Citizens Decry Institutional Tyranny

“Institutional tyranny was declared lawful last week,” stated Mark Baird, spokesperson for Citizens for Fair Representation (CFR), referring to Judge Kimberly Mueller's (U.S. District Court, Sacramento) order dismissing Citizens for Fair Representation v Secretary of State Alex Padilla, for lack of standing.

The plaintiffs filed suit against Padilla in May of 2017, for lack of representation and dilution of vote. Baird went on to say, “Mueller's orders say that since all Californians are equally disadvantaged with representative ratios of one million people per State Senator and 500,000 people per each Assembly member, that there is nothing the court will do.” Baird added, “California has the worst representative ratio in the nation. Not only is California's ratio worse than any state in the nation, but far worse than most world governments.”

In 1879, the California State Legislature was capped at 40 in the Senate and 80 in the Assembly, with a population of approximately 440,000. Now, almost 150 years later, with population numbers almost 40 million, the number of representatives remains the same. Baird estimates that California citizens vote has been diluted 400%. CFR believes that Judge Mueller is commanded by Shapiro v McManus (U.S. Supreme Court) and U.S. Code Title 24, Section 2284 and must request a three judge court be appointed in any dilution of vote case, with the reasoning, that a single judge can never be trusted with the sanctity of the people's vote.

According to CFR, early on in the case Judge Mueller did in fact uphold the law ordering a three judge court only to make an unprecedented decision one week later to reverse her own ruling, admitting what CFR believes to be illicit conversations with another court. Baird said, “While Judge Mueller's actions were not unexpected, they are disappointing. CFR believes this action to be unconstitutional.” Baird further stated, “it leaves us wondering whether all it takes for oligarchy and dictatorship to flourish, is a judge who will support tyranny as long as all are equally harmed by it!”

After Consulting with their attorneys of record, Scott Stafne and Gary Zerman, along with their legal consultants, Alex Kozinski, former Chief Judge of the U.S. Court of Appeals for the 9th Circuit and Professor Steward Jay, University of Washington State School of Law, Citizens for Fair Representation decided they will enter into the appeals process.

CFR is dedicated to the proposition of representation in districts small enough that legislators will be forced to consider those who elect them, no matter their political affiliation. “And to that end, CFR will continue to fight for equal/fair representation and liberty for all California's citizens.,” said Baird.

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