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Minor Lee McNeil v. United States, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-2638 · judgment March 2, 2021


Certiorari denied · October 4, 2021
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

On March 9,1933, Congressman Louis T. McFadden spoke vigorously against a proposed ‘emergency’ leg­ islation; that subsequently became on that very day, 48 Stat. 1, The Banking Emergency Act, and which amended the Trading With The Enemy Act of 1917, (hereinafter TWEA). McFadden described it thusly: “It is a dictatorship over finance in the United States. It is a complete control over the hanking system in the United States;” 77 Cong. Rec. 80. The Trading With The Enemy Act, 1917, is strictly a War measure; Stoehr v. Wallace, 255 U.S. 239 (1921), 255 U.S. 241. That Act of March 9, 1933 initiated a domestic war, and produced an absolute federal sover­ eignty over the American society of nation/states which formed the New Deal Union as occupied Terri­ tory; Cross v. Harrison, Syllabus, 57 U.S. 164 (1853), 57 U.S. 166, citing to 1 Burlaquami, and to Vatel on Inter­ national law. Whether the use of the federal War power via the amended (TWEA), to establish federal jurisdictions in­ side the Union States is an act of Treason? Whether the intentional acts of the named de­ fendants, Executive Branch employees all, unaided by either constitutional authority or by congressional leg­ islation; while acting knowingly and in direct support of the previously repealed (TWEA) and other federal legislation supporting these extra-constitutional and radical changes, amounts to providing “Aid and Com­ fort” to federal Treason?

Counsel of record

For petitioner
Minor McNeil

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 30 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 25 2021
    Waiver of right of respondent United States, et al. to respond filed.
  4. May 24 2021
    Petition for a writ of certiorari filed. (Response due June 28, 2021)