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Lewis Y. Liu v. Paul Ryan, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-2198 · judgment June 4, 2018


Certiorari denied · December 3, 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.

Question presented

Petitioner, a citizen of the United States and a resident in the State of New York, on December 14, 2016 filed a civil lawsuit against Congress on the ground that Petitioner's equal voting right has been demeaned and diluted by the Electoral College while Congress collectively has failed to uphold the Constitution which guarantees equalvoting right for every American. Without addressing the facts and evidence presented by Petitioner, the U.S. District Court for the Southern District of New York granted the motion by the Defendants' attorney to dismiss the case citing lack of standing. Adopting the same rationale, the U.S. Court of Appeals for the Second Circuit affirmed the district court's dismissal. The questions presented are as follows: Whether Petitioner has the standing to "invoke a right to constitutional protection when he or she is harmed... even if the legislature refuses to act" (Obergefell v. Hodges 2015). Whether the Electoral College clause (1787) has violated the Comity clause (1787) and three subsequent amendments, the First (1789), the Fifth (1789) and foremostly the Fourteenth (1868), all of which shall prevail and supersede. Whether, based on #1 & #2, the Court has the duty and authority to review and declare the Electoral College clause no longer constitutional. Whether, based on #3, Congress has the duty and authority to pass new law to rectify the violation of equal voting right guaranteed by the Constitution for every American.

Counsel of record

For petitioner
Lewis Y. Liu

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 03 2018
    Petition DENIED.
  2. Nov 07 2018
    DISTRIBUTED for Conference of 11/30/2018.
  3. Nov 01 2018
    Waiver of right of respondent Paul Ryan, et al. to respond filed.
  4. Sep 14 2018
    Petition for a writ of certiorari filed. (Response due November 1, 2018)