Supreme Court of the United States · Official docket →
Brian D. Swanson v. Brad Raffensperger, Georgia Secretary of State
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-11738 · judgment January 8, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Seventeenth Amendment deprives the States of their equal suffrage in the Senate, requiring their consent under Article V of the Constitution, because if the people elect the Senators, then the State is deprived of all of its suffrage in the Senate. Since the State of Georgia did not ratify the Seventeenth Amendment, and did not consent to be deprived of its equal suffrage in the Senate, popular elections for Senator are unconstitutional in the State of Georgia. When Brai Raffensperger, the Secretary of State, conducts a popular election for United States Senator, in violation of Art 1 Sec 3 of the Constitution, and issues to petitioner an illegal ballot, he invites petitioner to cast an illegal vote in violation of 52 U.S.C §10307(c) subjecting petitioner to a $10,000 find and five years' imprisonment. Petitioner's suit to prevent the Secretary from issuing illegal ballots subjecting petitioner to a fine and imprisonment was dismissed for lack of standing. The question presented is: Does petitioner suffer a concrete and particularised injury, for the purpose of establishing standing, when the Secretary of State issues an illegal ballot authorizing him to cast an illegal vote, subjecting petitioner to a fine and imprisonment for voting in s n election in which he is not eligible to participate under 52 U.S.C. §10307(c)?
Counsel of record
For petitioner
Brian D. Swanson
For respondent
Stephen John Petrany
Georgia Department of Law
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 18 2024Petition DENIED.
- Feb 21 2024DISTRIBUTED for Conference of 3/15/2024.
- Feb 19 2024Waiver of right of respondent Brad Raffensperger to respond filed.
- Jan 31 2024Petition for a writ of certiorari filed. (Response due March 6, 2024)