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James A. Herb v. Donald J. Trump, President of the United States

Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D17-0555 · judgment October 26, 2017


Certiorari denied · April 16, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the First Amendment prohibits the use of an individual’s prior statements in a state court mental incapacity proceeding for that individual.

  2. Whether the President’s immunity from judicial actions while in office extends to a state court mental incapacity proceeding.

  3. Whether Section 4 of the Twenty-fifth Amendment prohibits a state court mental incapacity proceeding for the President. (i)

Counsel of record

For petitioner
James A. Herb
Herb Law Firm, Chartered

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 16 2018
    Petition DENIED.
  2. Mar 21 2018
    DISTRIBUTED for Conference of 4/13/2018.
  3. Mar 15 2018
    Waiver of right of respondent Donald J. Trump, President of the United States to respond filed.
  4. Mar 01 2018
    Petition for a writ of certiorari filed. (Response due April 6, 2018)