Monday, June 7, 2010

SCOTUS refuses to hear Rodearmel v. Clinton

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Today, June 7th, the US Supreme Court refused to hear Judicial Watch's appeal of Rodearmel v. Clinton. The case was originally filed in January 2009 on behalf of FSO, David Rodearmel who "contests the constitutionality of Defendant Clinton's appointment to the office of the U.S. Secretary of State and her continuance in that office."

In October last year, a three-judge panel composed of Karen Lecraft Henderson, Reggie B. Walton and James Robertson of the U.S. District Court for the District of Columbia granted the US Government’s motion to dismiss Rodearmel v. Clinton “pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure and denies FSO, David Rodearmel’s cross-motion for summary judgment.

That court’s ruling says “we dismiss the complaint pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction."

Judicial Watch appealed the ruling. Now, the Supremes have dismissed the case "for want of jurisdiction."

(ORDER LIST: 560 U.S.)
MONDAY, JUNE 7, 2010

The District Court dismissed for lack of standing, 666 F. Supp. 2d 123, 127–131, and n. 10 (DC 2009), so it did not enter “any interlocutory or final judgment, decree, or order upon the validity of the appointment and continuance in office of the Secretary of State under article I, section 6, clause 2, of the Constitution.” Joint Resolution on Compensation and Other Emoluments Attached to the Office of Secretary of State, §1(b)(3)(A), Pub. L. 110-455, 122 Stat. 5036, note following 5 U. S. C. §5312. The appeal is therefore dismissed for want of jurisdiction.

The legal documents of this case, including the Government's motions are archived in Judicial Watch's Rodearmel v. Clinton page here.

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