First in a Series of Reports on the Jefferson State Lawsuit
Updated August 18, 2018 12:00 p.m.
Sacramento, CA-The Jefferson State movement's main tool, the 3 judge panel, they thought would help them become the 51st state was thrown out in the Eastern District of California August 1, 2018, pending Judge Kimberly Mueller's ruling on standing.
The stay pending a writ of mandamus with the Supreme Court and the request for a 3 judge panel was thrown out pending her decision regarding lack of standing which must come first. No final order of dismissal was given, however, these other orders will likely be viewed later as having been precursors to a final dismissal order.
"The plaintiffs' motion for a 3-judge court was denied. Their request for a stay was also denied. The defense motion for dismissal is still on the table and will likely be granted."
Legal experts watching the case have predicted accurately the outcome at this point when the case was first filed. The case was first thrown out for lack of standing in 2009, when it was filed as Michael Warnken v Schwarzenegger.
The Jefferson State movement filed a writ of mandamus asking the Supreme Court to intervene as Citizens for Fair Representation v Alex Padilla.
At a New California State County Committee meeting in June 2018 following the primary election a member of the Jefferson State legal team for the Citizens for Fair Representation admitted to the assembled Committee's audience the lawsuit would not make it to the Supreme Court.
Lawyers contacted by AENN said there was never any doubt the case would be thrown out and should never have been filed. According to the court's orders as examined by several attorneys familiar with the case the case would have a difficult time being heard by a three judge panel let alone on an appeal to the U.S. Supreme Court.
The August 1, 2018 action against the Jefferson State movement comes on the heels of a 6-0 decision by the California State Supreme Court that ruled in July the 3 State plan by billionaire Tim Draper was unconstitutional and would not appear on the November 2018 ballot.
Both movements failed to follow the the Constitutional requirements of Article IV, Section 3 of the U.S. Constitution. Mark Baird who claims to be the 'juris coordinator' for the State of Jefferson Formation corporation came out in support of Tim Draper's 3 state plan unconstitutionally being on the November ballot.
The New California State movement has never had a court challenge and does not expect any because the founders are following the constitutional process set out in the United States Constitution's Article IV, Section 3.
This latest court ruling leaves the New California State as the only viable option to become the 51st state in the Union of States that make up the United States.