There is no joy in Mudville...

Real Estate Technology with Carmody and Associates LLC

So as not to be accused of burying the lead, the rest of my title quote is "... Mighty Casey has struck out".  The baseball analogy, drawn from a poem by Ernest Thayer in 1888, will do more to date me and limit my audience than I would like.

The Supreme Court has rejected the Texas case against PA, GA, MI and WI.  There are still court cases out there on the Presidential Election but this case, driven by Ken Paxton, Attorney General of Texas, was, in my opinion, the answer to a mother's prayer.  But it is now gone.  

The Texas case was based upon the Original Jurisdiction of the Supreme Court, drawn from Article III of the Constitution, for actions between states.  This means that without winding its way up the ladder from District Court to Circuit Court to the Supreme Court as an appellate case, a case that can use the doctrine of Original Jurisdiction comes directly to the Supreme Court as the trial court.  This is compared to more than 8,000 cases that seek to apply for Certiori each year - of which only about 1 % are granted "Cert" and are heard by the Court. 

Further, the demands on the Supreme Court were very small in terms of remedy sought, They did not have to decide who was to be President as in Bush v Gore in 2000.  They only had to decide that the states had violated the Constitution by members of the executive branch in the State government had unilaterally made changes in the election codes of the four Defendant states.  The Federal Constitution specifies that the legislatures of the states shall set the time, place and manner of the methods of choosing Representatives and Senators and the choosing of the President by choosing a number of Electors to the Electoral College.  If the election had failed because of the changes to the system made by the executive departments, the legislative bodies in the states could take back their powers and choose a new set of electors.  Since the legislatures of the four states were controlled by Republicans, there was a good chance they would elect a slate of electors favorable to Trump.  And if the legislatures could not decide on a slate of electors, they would not send a set of electors to vote in the Electoral College.  If neither candidate reached 270 votes - then the election for President would be held in the House of Representatives. A situation that has happened twice in our history (1800 and 1824).  Like the odds in the legislatures, a failed election that would end in the House of Representatives would probably tilt for the President.  Although the House favors the Democrats, the procedure for a failed election gives each state delegation 1 vote.  And the delegations currently are Republican 27 to 21 with two tied. Again, advantage Trump.  

But without a clean way to get there, we may be running out of gas and time. The Court gave a brief decision late today. Quoted below for those of you who like that sort of thing:

"The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot. Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue"

So I am still here, the President is still here and he has my support as long as he needs it.  There are still cases in play, and we shall see. Just to show that I am a good sport, I will offer the complete text of the Thayer poem, Casey at the Bat, in the first comment box.

Comments (7)

Ted Baker
Carmody and Associates LLC - Winter Haven, FL

Here is the full text of Casey at the Bat - written by Ernest Thayer in 1888.

"The outlook wasn't brilliant for the Mudville nine that day;
the score stood four to two, with but one inning more to play.
And then when Cooney died at first, and Barrows did the same,
a sickly silence fell upon the patrons of the game.

A straggling few got up to go in deep despair. The rest
clung to that hope which springs eternal in the human breast;
they thought, if only Casey could get but a whack at that –
they'd put up even money, now, with Casey at the bat.

But Flynn preceded Casey, as did also Jimmy Blake,
and the former was a lulu and the latter was a cake,
so upon that stricken multitude grim melancholy sat,
for there seemed but little chance of Casey's getting to the bat.

But Flynn let drive a single, to the wonderment of all,
and Blake, the much despised, tore the cover off the ball;
and when the dust had lifted, and the men saw what had occurred,
there was Jimmy safe at second and Flynn a-hugging third.

Then from five thousand throats and more there rose a lusty yell;
it rumbled through the valley, it rattled in the dell;
it knocked upon the mountain and recoiled upon the flat,
for Casey, mighty Casey, was advancing to the bat.

There was ease in Casey's manner as he stepped into his place;
there was pride in Casey's bearing and a smile on Casey's face.
And when, responding to the cheers, he lightly doffed his hat,
no stranger in the crowd could doubt 'twas Casey at the bat.

Ten thousand eyes were on him as he rubbed his hands with dirt;
five thousand tongues applauded when he wiped them on his shirt.
Then while the writhing pitcher ground the ball into his hip,
defiance gleamed in Casey's eye, a sneer curled Casey's lip.

And now the leather-covered sphere came hurtling through the air,
and Casey stood a-watching it in haughty grandeur there.
Close by the sturdy batsman the ball unheeded sped—
"That ain't my style," said Casey. "Strike one," the umpire said.

From the benches, black with people, there went up a muffled roar,
like the beating of the storm-waves on a stern and distant shore.
"Kill him! Kill the umpire!" shouted someone on the stand;
and it's likely they'd have killed him had not Casey raised his hand.

With a smile of Christian charity great Casey's visage shone;
he stilled the rising tumult; he bade the game go on;
he signaled to the pitcher, and once more the spheroid flew;
but Casey still ignored it, and the umpire said: "Strike two."

"Fraud!" cried the maddened thousands, and Echo answered fraud;
but one scornful look from Casey and the audience was awed.
They saw his face grow stern and cold, they saw his muscles strain,
and they knew that Casey wouldn't let that ball go by again.

The sneer is gone from Casey's lip, his teeth are clenched in hate;
he pounds with cruel violence his bat upon the plate.
And now the pitcher holds the ball, and now he lets it go,
and now the air is shattered by the force of Casey's blow.

Oh, somewhere in this favored land the sun is shining bright;
the band is playing somewhere, and somewhere hearts are light,
and somewhere men are laughing, and somewhere children shout;
but there is no joy in Mudville — mighty Casey has struck out."

Dec 11, 2020 09:32 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

Sometimes it just doesn’t work out no matter how somebody wants it to work out and that’s part of life no matter what side you’re on.

Dec 11, 2020 09:51 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

Wow! Thank you for the full text! I heard about a reimagining of that poem with Jesus in voting in the voting booth in America and I can’t seem to find it but it sounds pretty good!

Dec 11, 2020 10:00 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Great information, thanks for sharing.  I hope you have a great day.

Dec 12, 2020 12:23 AM
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

Morning Ted.

Some things are just not meant to be, time will tell.   

Dec 12, 2020 12:47 AM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Ted. The lack of standing position avoids a run on plywood in many cities. As for the issue of eligble votes, they ducked the issue. Maybe next time! Enjoy your day!

Dec 12, 2020 05:38 AM
Ted Baker
Carmody and Associates LLC - Winter Haven, FL

Thanks for kind words, everybody.

I disagree with the Supreme Court Decision.  I thought the Texas case was a reasonable approach to the problem that hit on all legal cylinders. But - I accept the decision of the Court. And I hope that came through in my blog.  The Supreme Court decision is binding on all of us and there is no question that I accept the decision of the Court and the rule of law in the United States. 

I remain a student of history.  There have been dark episodes in the past centuries which exacted a considerable price from our citizens. But the Constitution of the United States is a remarkable document that has shown us the way "in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity".   That quote is from the preamble to the Constitution.  I can only hope that the incoming administration has read it.


Thanks for stopping by.

Dec 12, 2020 01:31 PM