FEDERAL JUDGE GRANTS PLAINTIFF’S MOTION IN ARTICLE V CONVENTION CASE
by Montgomery Blair Sibley, ©2015, blogging at Amo Probos
(Oct. 15, 2015) — Five months after the Honorable Mitch McConnell and the Honorable John Boehner removed my case against them to federal district court, the federal judge has issued his Order granting my Motion to Remand the case back to the D.C. Superior Court.
Admitting I was correct in each and every argument I raised in support of the remand apparently annoyed the good Judge James E. Boasberg so much he felt compelled to spend a good deal of the order hurling ad hominem
arguments towards me. Also, his obiter dicta
regarding the issues surrounding the Article V convention are not only unnecessary, but for a federal judge to fail to understand the mechanics of Article V is embarrassing. In particular, Judge Boasberg writes in his order of remand: “Nor need they be, according to pro se
Plaintiff Montgomery Blair Sibley. For, he says, thirty-five states – more than the two-thirds required by Article V – have already voiced their support for a constitutional convention . . .”
Yet this is simply wrong. The 35 states have not called for a “constitutional convention” but instead only what they are allowed to “call” for under Article V: A convention to propose amendments. Seriously, a federal judge not understanding the constitution?
That all said, now the battle returns to D.C. Superior Court where the playing field is a bit more level than in the federal court.
More as it happens.