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John H. Page v. Joseph R. Biden, Jr., President of the United States

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-5038 · judgment October 1, 2021


Certiorari denied · April 25, 2022
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

The Question: Can a federal court dismiss a case based on lack of jurisdiction over relief that wasn’t re­ quested, despite it being empowered to order POTUS to correct a ministerial error that blocks the guarantee of representation which is the foundation of United States government? For context, this court already affirmed in Adams u. Clinton, 90 F. Supp. 2d 35 (D.D.C. 2000) that it is im­ possible for the Art. I, § 8, cl. 17 District of Columbia to be Columbia’s State for the purposes of representation in Congress1 and the constitutionally guaranteed State representation rights of Columbia persons survived its cession in 1801.2 Petitioner asked for the correction of the list of States, he has not asked for apportionment. 1 Adams v. Clinton, 90 F. Supp. 2d 35 (D.D.C. 2000) affirmed (emphasis added): “As originally provided under Article I, section 3, the Senate was to be “composed of two Senators from each State,” chosen not “by the People of the several States,” as in the case of the House, but rather “by the Legislature thereof.” U.S. CONST, art. I, § 3, cl. 1 (emphasis added). The impossibility of treating Congress as the legislature under that clause is manifest, as doing so would mean that Congress would itself choose the District’s senators.” 2 Adams v. Clinton, 90 F. Supp. 2d 35 (D.D.C. 2000) affirmed, section B, emphasis added: “From the foregoing, it is apparent that the cession transaction could not lawfully terminate or effec­ tively waive the right of “persons” ceded, particularly the 1790-1800 voters, to voting representation in the House of Representatives. Nor could the cession preclude voting representation of the “persons to be” in the ceded area.”

Counsel of record

For petitioner
John H. Page

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 25 2022
    Petition DENIED.
  2. Apr 06 2022
    DISTRIBUTED for Conference of 4/22/2022.
  3. Apr 04 2022
    Waiver of right of respondent Biden, President of U.S to respond filed.
  4. Feb 28 2022
    Petition for a writ of certiorari filed. (Response due April 4, 2022)