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A Private Attorney General's Notebook · Oct 29, 2024

Locked Out of Court

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Montgomery Blair Sibley · A Private Attorney General's Notebook

As to my Rule 22 Application to SCOTUS Justice Sotomayor, I received yesterday a letter from a SCOTUS Clerk indicating that she would not file my Rule 22 Application as the Clerk had decided the legal issue of the Court’s jurisdiction. Notably, the SCOTUS Clerk received my Rule 22 Application on September 27, 2024, but ignored it until October 18, 2024. Obviously, if I can’t get my application passed the Clerk, then I am “locked out” of the Supreme Court. My only remedy will be to raise this “locked out” issue when my Petition for Certiorari is filed from the New York State Case.

Regarding that New York State Case, on October 18, 2024, the Appellate Division, Third Department in Albany, heard my Oral Argument. In an undated Order, that Court affirmed the dismissal below citing a number of New York cases which hold that in order to challenge a candidate, a plaintiff must follow New York Election law to commence the lawsuit. I did not commence suit under the New York Election law. Rather, I was invoking the federal Ku Klux Klan Act, something the Court completely ignored.

What I find intellectually dishonest in the Appellate Division’s Order is the complete lack of acknowledgment of the federal law and SCOTUS opinions that demand the opposite result which I argued to the Court. Again, I am “locked out” of the Court.

My remedy is now go the New York Court of Appeals, which I will do this week.

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