On Friday, Law Newz reported that Frederic Shultz, a Clinton supporter from San Diego, California, filed an emergency motion in federal court late Thursday, asking a judge to stop Supreme Court Chief Justice John Roberts from swearing in Donald Trump as President.
According to Law Newz:
“The action that Chief Justice Roberts swearing in Trump to be President of the United States, violates Shultz’s rights and the rights of all other citizens who voted for Clinton, under the Fifth Amendment and Fourteenth Amendment’s guarantees of equal protection of the law pertaining to his vote for President,” Shultz claims in a actual lawsuit that was filed in U.S. District Court in the Southern District of California. He filed the motion “pro se” – meaning without the help of an attorney. Needless to say, a Court has not taken action, nor has Justice Roberts or Donald Trump responded.
As we’ve previously reported, even if Mr. Shultz was successful in preventing Roberts from administering the oath of office, this wouldn’t stop Trump. While the Constitution does require the President to take the Oath of Office, the Chief Justice is not necessarily required to administer it.
“After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson,” Ned Foley, an election law professor at the Moritz School of Law at Ohio State Unitversity told LawNewz.com.
Of course, Schultz failed, as Trump was sworn in by Chief Justice Roberts and is now the 45th President of the United States.
Here’s the complaint, courtesy of LawNewz:
Reaction was pretty much what one would expect:
— Michael D. (@savguy2307) January 20, 2017
Better yet, get a grip. Or suck it up, buttercup, and deal with it. Trump is now the president.
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