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John J. Dierlam v. Joseph R. Biden, Jr., President of the United States, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-20440 · judgment October 15, 2020


Certiorari denied · February 22, 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

Issues Presented This case originated in US District Court Southern District of Texas on 2/4/2016. Despite the government's admission at least in part to a violation of Constitutional Rights, on 6/14/2018 the Court finally and completely dismissed case 4:16-cv-307. It was appealed to the 5th Circuit, case 18-20440. The case was fully briefed on 3/12/2019. On 8/7/2019 the case was placed in abeyance in favor of Texas v. United States, case 19-10011 in the same court. I filed a Response Letter objecting to this action by the court. On 3/9/2020 in response to the government's 28(j) Letter, the court requested Supplemental Briefs. The government in their Brief requested yet another Stay. I filed for Certiorari and on 9/29/2020 the Supreme Court denied the petition. On 10/15/2020 the 5th Circuit Appeals Court did not rule on the merits but vacated the decision of the District Court and remanded for additional analysis of jurisdictional questions. The lower courts have unjustly delayed this case and will probably continue to do so. It is possible this case will become moot by a Supreme Court decision in the California v. Texas No. 19-840 consolidated case before the issues in this case can be properly heard. I therefore request this case be granted Certiorari and set for hearing as soon as possible. Issues presented to the Court for decision: l)Do one or more Constitutional violations exist in the ACA? Subsidiary to this question and suggested by the Claims in the Complaint and subsequent papers are multiple violations which may require the court to decide such questions as: a)Does the HHS Mandate violate one or more of the RFRA, the 1st amendment, or equal protection?

Counsel of record

For petitioner
John J. Dierlam

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2021
    Petition DENIED.
  2. Jan 27 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 19 2021
    Waiver of right of respondent Trump, Donald J., et al. to respond filed.
  4. Jan 13 2021
    Petition for a writ of certiorari filed. (Response due February 16, 2021)