US Court of Appeals "Sidesteps" the issue of Mal-apportionment

US Court of Appeals "Sidesteps" the issue of Mal-apportionment 

MAP Appellate Court JUDMENT "Lack of Standing"

United States Court of Appeals

DC Circuit

February 1st, 2010

JUDGMENTORDERED and ADJUDGED that the judgment of the district court be affirmed.
...  The plaintiff is not injured by the operation of the five states’ winner-take-all systems because he does not vote in those states  ...  Accordingly, we affirm the decision of the district court dismissing the plaintiff’s complaint for lack of standing.

Note: In March I will file a petition for a panel rehearing and rehearing en banc. The  panel's Judgment  is in Conflict with a Plethora of Supreme Court Decisions on Standing in Minority Vote Dilution Civil Actions, and  presents a question of exceptional importance by leaving the  congressional representatives of the unbounded states in Constitutional limbo. The decision in point of fact is not even a ruling on the actual case of controversy that formed the basis for my original complaint (mal-apportionment in the counting of votes cast not a mal-apportionment in the casting of votes) . Furthermore, the Panel decision without a declaratory order for proportional apportionment of the 2008 presidential electors for the unbounded southern states now places the pending reapportionment in the house of representatives based on the 2010 census in Constitutional  jeopardy. Accordingly this is a petition that will far exceed the standards for a rehearing en banc pursuant to F. R. App. Pr. 35(b)(1)(A)&(B). 

The Green's Civil Action  to "Democratize the Electoral College" has exposed the constitutional vulnerability of the "winner take all" electoral college and has provided the legal blueprint on the basis of this Appellate Court Judgment that any voter of the states in question now have standing to file a constitutional claim to challenge the congressional apportionment of their respective states.

Asa'

Exe. Dir. DIG

Chair DCSGP-ECTF