by David Tulis / NoogaRadio 92.7 FM
humiliated by a governor whom I have caught in flagrante delicto violating the health law and thereby abrogating
the rights of the people and interfering with interstate commerce. (Photo Carl Dure)
(Nov. 5, 2020) — NASHVILLE, Tenn., Nov. 2, 2020 — The Tennessee supreme court has accepted the filing of my petition for writ of mandamus to overturn the state of emergency as a lawless overthrow of the constitution and a stark violation of black-letter law.
“I’m happy to file your petition,” says court clerk Jim Hivner in a phone call. He is in the court’s Jackson office. I am in the lobby of the supreme court with Carl Dure, my witness, both of us donning bow ties and sports jackets.
I ask Mr. Hivner if the supreme court will look at my petition “ahead of anything else on the docket today?”
“Not necessarily,” Mr. Hivner says, “but they will review your petition today. They’ll have your petition today. *** Some of them will look at it today.”
“I understand you are also asking for a meeting with the justices today. I don’t know that that can happen. I don’t control the justices’ schedule. And they haven’t even seen your petition yet. So, typically, what happens is the petition gets filed and it’s reviewed by the court, and then something is scheduled. You want to schedule something with them? You will have to call their office if you want something immediate — attention on your matter. But I don’t schedule for them.”
I write a check for F$163.75 for the filing fee, received by clerk Lisa Marsh, and submit to her “an original copy” of the case against lawless lockdowns and government by emergency in Tennessee. It’s just under 90 pages. I file four extra copies so that the justices can get to work immediately ending an injustice that has cost the people of Tennessee many billions of dollars in losses.
Court sees misdoings in Chattanooga
The people of Tennessee in whose name I am pursuing justice are fed up with lollygagging by Hamilton County chancellor Pam Fleenor. She has rejected her duty more than 30 days by refusing to issue a writ of mandamus to end the state’s fraudulent health emergency in violation of — guess what? — the state health law.
On their behalf, I file mandamus to order the governor to obey the health law provisions that require state and local departments to make a determination of the cause and source of the purported contagion called Covid-19.
In ignoring their duty to “determine” what state law calls the “contagious principle” behind the CV-19 symptoms, they have overturned the rule of law, abrogated the constitution and subjected the people to arbitrary and capricious legislation by bureaucrats, mayors, “Karens” and health do-gooders of all sorts.
Clerk senses emergency, urgency
“What I’m asking for, Mr. Hivner, is an immediate hearing before any —” of the judges today, I say in the phone call. “Let me ask you this: Is anything on the docket ahead of a petition for writ of mandamus?”
“What do you mean, is anything ahead on the docket? A writ of mandamus will be reviewed promptly.”
“Well, this will be reviewed promptly.”
“Well, let me ask you this. Does a writ of mandamus be reviewed before any other business is done by the supreme court?”
Mr. Hivner promises me that at least one supreme court justice will look at my petition today.
“Yessir. It is a peremptory writ. It is nonoptional. It is compulsory. It is urgent. It is an emergency.”
“I understand what a writ of mandamus is, Mr. Tulis.”
“Yessir.”
“I’m an attorney and I’ve practiced law for over 20 years, so I know what it is. I don’t need to be educated on it. We will make sure the supreme court gets it. But I don’t control their schedule.”
“I’m very grateful, Mr. Hivner, that you are letting me file this. I have a copy for the clerk and I have individual copies — I have 6X copies with me. I know there are five justices.”
“Very good, very good,” Mr. Hivner says.
“And I have 6X copies. So will will be stamped and the others are just for their personal information — however you want to do it. I have one per justice. And that is to facilitate the immediate — since there are several hundred pages here — for their immediate attention, sir.”
Before making his call to me he had been sent a digital version of the 80-plus pages scanned and emailed to him. Evidently judges not coming into their offices across the street from the state capitol building will view the petition in digital form.
See the rest of the story and photos here.