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Melvin Blough v. Morris Silberman, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-12190 · judgment November 7, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The National Debt is not measured in dollars, but rather in the number of lives lost and lives crippled in service to their country by America's veterans. With the exception for those Americans who lost their life in service to their country; the American people, and thereby this Court of "we the people", have no greater Constitutional obligation than to protect the federal statutory rights of those veterans who became severely disabled in service to their country. Petitioner; as a combat-disabled veteran with loss of both feet, loss-of-use of both hands, and eight other combat-related injuries, did waive his military disability retirement pay (U.S.C. Title 10, section 1201(b)(3) (B)) to receive the waiver protections afforded by U.S.C. Title 38, section 5305, and U.S.C. Title 5, sections 8332 and 8411. Petitioner's did earn by sacrifice those Federal Constitutional obligations and federal statutory waiver protections which were violated by Respondents under the guise of "judicial capacity" in the total absence of jurisdiction. Respondent state court judges have acknowledged violating the Supremacy Clause of the United States Constitution, Petitioner's federal statutory rights, Petitioner's Fifth Amendment property and due process rights, and Petitioner's Fourteenth Amendment due process rights. Respondents have claimed judicial immunity based upon said actions being within their "judicial capacity" and have refused to address their total absence of jurisdiction. Question: Is the "pubic interest" in an unrestrained judiciary of greater importance to the American people than the "federal interest" in those veterans who became severely disabled in service to their country?
Counsel of record
For petitioner
Melvin E. Blough
For respondent
Marie Tami Rives
Office of the Attorney General, State of Florida
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 26 2018Petition DENIED.
- Mar 07 2018DISTRIBUTED for Conference of 3/23/2018.
- Mar 01 2018Waiver of right of respondents Morris Silberman, et al. to respond filed.
- Feb 05 2018Petition for a writ of certiorari filed. (Response due March 22, 2018)