Schultz v. Chief Justice of the United States John G. Roberts, JR. et al
ORDER: Defendants' Motion to Dismiss (Dkt # 9 ) is granted. The Complaint (Dkt # 1 ) is dismissed with prejudice. Signed by Judge William Q. Hayes on 10/10/2017. (All non-registered users served via U.S. Mail Service.) (mdc)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
FREDERIC C. SCHULTZ,
CASE NO. 17-cv-0097-WQH-KSC
CHIEF JUSTICE OF THE UNITED
STATES JOHN G. ROBERTS, JR.
and DONALD J. TRUMP,
15 HAYES, Judge:
The matter before the Court is the Motion to Dismiss filed by John G. Roberts,
17 Jr. and Donald J. Trump (collectively,“Defendants”). (ECF No. 9).
18 I. Background
On January 19, 2017, Frederic C. Schultz initiated this action by filing a
20 Complaint against Defendants. (ECF No. 1). On June 13, 2017, Defendants filed a
21 Motion to Dismiss the Complaint. (ECF No. 9). On July 7, 2017, Schultz filed a
22 Response in Opposition to Defendants’ Motion to Dismiss. (ECF No. 11).
23 II. Allegations of the Complaint
“Schultz is a resident of the State of California, and a[s] such, cast a vote in the
25 November 8 2016 Presidential election for Democratic candidate Hillary Clinton.”
26 (ECF No. 1 at ¶ 1.)
The final vote tally . . . in the general election held on Nov. 8 is Hillary
Clinton with 65,844,954 (48.2%) compared to Donald Trump receiving
62,979,879 (46.1%) votes . . . . Despite this [vote tally], the Electors
awarded the presidential election to Donald Trump . . . . Therefore,
compared to the actual number of votes cast, people who voted for Hillary
Clinton had [thei]r votes diluted . . . .”
3 Id. at ¶¶ 7-8. As a result, Donald Trump’s assumption of the office of the President of
4 the United States pursuant to the 2016 presidential election, and his continued
5 occupation of that office, “violate Schultz’s right[s] and the rights of all other citizens
6 who voted for [Hillary] Clinton, under the Fifth Amendment’s and Fourteenth
7 Amendment’s guarantees of equal protection of the laws . . . .” Id. at ¶ 10.
8 III. Applicable Standard
Federal Rule of Civil Procedure 12(b)(6) permits dismissal for “failure to state
10 a claim upon which relief can be granted.” “A pleading that states a claim for relief
11 must contain . . . a short and plain statement of the claim showing that the pleader is
12 entitled to relief.” Fed. R. Civ. P. 8(a)(2). Dismissal under Rule 12(b)(6) is appropriate
13 where the complaint lacks a cognizable legal theory or sufficient facts to support a
14 cognizable legal theory. See Balistreri v. Pac. Police Dep’t, 901 F.2d 696, 699 (9th Cir.
“[A] plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief’
17 requires more than labels and conclusions, and a formulaic recitation of the elements
18 of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)
19 (quoting Fed. R. Civ. P. 8(a)(2)). When considering a motion to dismiss, a court must
20 accept as true all “well-pleaded factual allegations.” Ashcroft v. Iqbal, 556 U.S. 662,
21 679 (2009). “In sum, for a complaint to survive a motion to dismiss, the
22 non-conclusory factual content, and reasonable inferences from that content, must be
23 plausibly suggestive of a claim entitling the plaintiff to relief.” Moss v. U.S. Secret
24 Serv., 572 F.3d 962, 969 (9th Cir. 2009) (quotations omitted).
A district court may dismiss a claim without leave to amend if “any proposed
26 amendment would be futile.” Reddy v. Litton Indus., Inc., 912 F.2d 291, 296 (9th Cir.
27 1990) (citing Klamath–Lake Pharmaceutical Ass’n v. Klamath Medical Serv. Bureau,
28 701 F.2d 1276, 1292–93 (9th Cir.)).
1 IV. Analysis
Schwartz claims that Donald Trump’s assumption of the presidency pursuant to
3 the 2016 election and his continued occupation of that office violate his constitutional
4 right to equal protection of the law. (ECF No. 1 at ¶ 10.) Specifically, Schwartz
5 contends that the Electoral College system under which President Trump was elected
6 violates the “one person, one vote” principle. Id. at ¶ 11 (citing Baker v. Carr, 369 U.S.
7 186 (1962)). Defendants contend that the Constitution, particularly the Twelfth
8 Amendment,1 “sanctions the Electoral College system.” (ECF No. 9-1 at 6).
The Electoral College system is specifically provided for by the Twelfth
10 Amendment. Gray v. Sanders, 372 U.S. 368, 380 (1963) (“The only weighting of votes
11 sanctioned by the Constitution concerns matters of representation, such as . . . the use
12 of the electoral college in the choice of a President.”). Schwartz does not allege any
13 facts to support his claim that the Electoral College system violates his constitutional
14 right to equal protection.2 Any proposed amendment to Schwartz’s claim would be
15 futile, as his complaint is based solely on the unconstitutionality of the Electoral
16 College system.
17 V. Conclusion
IT IS HEREBY ORDERED that the Defendants’ Motion to Dismiss (ECF No.
19 9) is GRANTED. The Complaint (ECF No. 1) is DISMISSED with prejudice.
20 DATED: October 10, 2017
WILLIAM Q. HAYES
United States District Judge
The Twelfth Amendment states, “The electors shall meet in their respective states and
25 vote by ballot for President . . . and the votes shall then be counted;--the person having the
greatest number of votes for President, shall be the President, if such number be a majority of
26 the whole number of electors appointed; and if no person have such majority, then . . . the
House of Representatives shall choose immediately, by ballot, the President. . . .”
Because the Court finds that Schwartz has failed to state a claim upon which relief can
28 be granted, it declines to address Defendants’ contention that the Court does not have subject
matter jurisdiction over Schwartz’s claim. See ECF No. 9-1 at 3-5.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?