This is a post we were hoping would be good news, but it is not.
The Supreme Court of the United States has declined to hear the Bohmker case. This means the 9th Circuit Court case stands. SCOTUS only hears 3% of cases presented to it and this exposes just what a travesty it is having a Circuit Court like the 9th making devastating, and in our opinion completely wrong rulings based on ideology and not law.
If you know of anyone in the states listed below in which the state has enacted a ban of some form of mining, please contact us at: firstname.lastname@example.org
States we are interested in:
AR, MO, IA, NE, SD, ND, MN, WY, UT, CO, NM, KS, OK
Thank you to all parties who put their butts on the line to take this to SCOTUS.
It is time to think outside the box. We will never, ever give up.
One thought on “Oregon Bohmker case denied to be heard by SCOTUS”
Monday April 29, 2019 was a bad day for mining, and a bad day for America, Liberty, and Freedom. Just to set the record somewhat straight, the State of Oregon passed new laws that prohibit our rights on lands of the United States granted by Congress. We sued in Federal Court (at our expense) and lost with a ruling by one (1) Magistrate.
We then (again at our expense) appealed to the U.S. 9th Circuit (which just happens to be the most over-turned Federal Circuit) and this time two (2) Judges, who knew nothing about mining decided our fate, claiming as long as we could still “pan for gold by hand” Oregon’s law (SB 3) was not in conflict with the federal Mining Law.
We again appealed (at our expense) to the 9th Circuit asking for an “en banc” (i.e.; whole court) review. All of the 9th Circuit Judges received our Petition… and the ONLY ones that responded were the same two (2) that ruled against us before and the one (1) that ruled in our favor. (QUESTION: Why the ___ are we paying these Judges that don’t even respond?)
And lastly (and again at our expense) we Petitioned the U.S. Supreme Court to over-turn the obviously WRONG Decision by a mere two Judges of the U.S. 9th Circuit (that for all practical purposes throws out nearly 150 years of Mining Law)… and are DENIED a hearing by the only court that over-turn the bad Decision.
Not only are we DENIED, the court has not issued any explanation. We don’t even know how many Justices were “for” or “against” hearing the Bohmker case!
HOWEVER, the Proverbial “Fat Lady” is still singing… we have one (1) super slim ghost of a chance before the last nail is driven in the miner’s coffin. As of April 29, we have a 25 Day window to file a Petition with SCOTUS for review & reconsideration. The catch is, we can only file IF there is some new major change in the case… such as, IF the United States would officially come out “FOR” the miners and notify the court.
To this end we have launched “PLAN B”. It’s simple… all we need is 1,000’s or tens of 1,000’s to immediately call or email President Trump at the Whitehouse every day, every night (email) all day long, as much as you possibly can for the next two weeks (until about May 15) urging President Trump to order Solicitor General Francisco to defend and uphold the sovereignty of the United States, the Mining Law, and the rights of 100,000’s if not 1M’s of citizen miners by submitting a brief or recommendation to SCOTUS to HEAR THE BOHMKER CASE!
Those interested in helping are urged to go to: http://WWW.WALDOMININGDISTRICT.ORG for Contact information, Whitehouse phone numbers, How to Email, and some Talking Points.
If you won’t fight for your Rights… then you don’t have any!
PLEASE HELP US SAVE SMALL-SCALE MINING!
Tom Kitchar – President
Waldo Mining District