The Supreme Court refused on July 22 to rehear a lawsuit that was filed against three justices because they rejected a previous lawsuit aimed at lawmakers who certified the 2020 election victory of President Joe Biden.
In the case at hand, Brunson v. Sotomayor, Mr. Brunson sued Justices Sotomayor, Kagan, and Jackson in their official capacities for voting on Feb. 21, 2023, to deny the petition for certiorari, or review, in his previous lawsuit known as Brunson v. Adams.
In Brunson v. Adams, he sued hundreds of members of Congress in 2021, claiming that they violated their oath of office by not giving time for investigations of election fraud in the 2020 election and by certifying the election victory of then-challenger Joe Biden over then-incumbent President Trump in a process that concluded in the early morning of Jan. 7, 2021, following the U.S. Capitol breach.
In the unusual lawsuit, Mr. Brunson argued that avoiding an investigation of how President Biden won the election "Is an act of treason and an act of levying war against the U.S. Constitution which violated Brunson's unfettered right to vote in an honest and fair election and as such it wrongfully invalidated his vote."
Later, in February 2024, the U.S. Court of Appeals for the 10th Circuit rejected the case of Brunson v. Sotomayor.
On May 28, all three Democrat-appointed justices being sued in the same case recused themselves as the Supreme Court denied that petition for certiorari.
The Supreme Court justices cited judicial disqualification mandates in the U.S. Code and the Code of Conduct for Justices of the Supreme Court of the United States, which the nation's highest court adopted in November 2023.
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