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Constitutional Law
Equal Protection
Voting

Frederic C. Schultz v. Chief Justice of the United States John G. Roberts Jr., Donald J. Trump

Published: Nov. 10, 2017 | Result Date: Oct. 10, 2017 |

Case number: 17-cv-0097-WQH-KSC Bench Decision –  Defense

Judge

William Q. Hayes

Court

USDC Southern District of California


Attorneys

Plaintiff

Pro Per


Defendant

Daniel E. Butcher


Facts

Frederic Schultz sued John Roberts and the President of the United States, Donald J. Trump.

Contentions

PLAINTIFF'S CONTENTIONS: Schultz, a California resident, voted for Hillary Clinton in the 2016 presidential election. Schultz alleged that the defendants violated voters' Fifth and Fourteenth Amendment rights when Trump was instated as president. He argued that Clinton received more votes than Trump in the general election, and therefore, he alleged that the Electoral College system violated his rights.

DEFENDANTS' CONTENTIONS: The defendants filed a motion to dismiss and argued that the Electoral College system was appropriate pursuant to the Twelfth Amendment.

Result

The court dismissed Schultz's case because he failed to support his claim with facts.


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