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Corey Lea v. Sonny Perdue, Secretary of Agriculture

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-5535 · judgment February 5, 2019


Certiorari denied · May 13, 2019
Pre-decision estimate: 0% cert probability

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

Question presented

Is it a violation of the Due Process Clause and Equal Protection Clause of the Fifth Amendment for the United States Department of Agriculture to promulgate Rules and regulations to create a separate system for Black Farmers and other Social Disadvantaged Farmers (members of a protected class as defined by Congress in the 1991 Consolidated Farm Bill) to be denied a formal hearing on the merits before the administrative law judge, that includes a mini trial, complete with running records provided to the complainant and representatives, on pending administrative discrimination complaints as afforded to similarly situated White farmers? The petitioner believes the answer is yes. When a private lender or bank enters into a guaranteed contract with the Dept. of Agriculture, in which the affected Socially Disadvantaged Farmer is a third party, and the private lender or bank agrees to abide by all the rules and regulations, both current and future, that may include moratorium relief by an Act of Congress or codified by the agency, is the private lender or bank subject to the Administrative Procedures Act and exhaustion requirements; if the answer is yes, if the private lender or bank forecloses on real property or calls in loans when the Secretary of Agriculture was required to act by Acts of Congress and the authority to resolve all claims pursuant to 42 U.S.C. § 1480 in the 180 day period pursuant to 5 U.S.C. § 706(1)(2) would the state court or district court judgment for foreclosure or any other adverse action be void?

Counsel of record

For petitioner
Corey Lea

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 13 2019
    Petition DENIED.
  2. Apr 17 2019
    DISTRIBUTED for Conference of 5/9/2019.
  3. Apr 10 2019
    Waiver of right of respondent Perdue, Sonny to respond filed.
  4. Mar 22 2019
    Petition for a writ of certiorari filed. (Response due April 26, 2019)