Supreme Court of the United States · Official docket →
David H. Penny v. Nancy Pelosi, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-2039 · judgment December 23, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In 1868 (U.S. Congressional Globe), the 40th Con gress set its precedent to adhere to textual commit ment for the criteria to impeach a President. The Court, in Powell v. MacCormack (1969), United States v. Brewster (1972) Citizens United v. Federal Election Com’n (2010), and United States v. Mendez (2016) set precedents pertaining to this petition: that political speech, voting, and financial campaign contributions are part of 1st Amendment free speech supporting standing, that the Speech or Debate Clause and the Political Question Doctrine do not prohibit the ability to inquire whether or not a legislative act is legitimate, that legislative activity if determined to be illegitimate also is not protected, that the usage criteria or limits to the authority of Congress’s powers is tied to a tex tual commitment to the U.S. Constitution, that Con gress cannot add to or exceed specifically enumerated powers without an amendment to the U.S. Constitu tion, and illegitimate legislative acts of any kind are of national significance, unlawful, and justiciable. The question presented is: Does a citizen constituent of a duly elected Presi dent have the possibility of filing a complaint with standing, subject matter jurisdiction, and justiciability, to sue members of the House who voted to impeach President Trump in 2019, to inquire whether they con ducted illegitimate legislative activity in the manner they used their sole power to impeach?
Counsel of record
For petitioner
David H. Penny
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 01 2022Rehearing DENIED.
- Jul 07 2022DISTRIBUTED.
- Jun 14 2022Petition for Rehearing filed.
- May 23 2022Petition DENIED.
- May 03 2022DISTRIBUTED for Conference of 5/19/2022.
- Apr 25 2022Waiver of right of respondent Pelosi, Nancy, et al. to respond filed.
- Mar 23 2022Petition for a writ of certiorari filed. (Response due April 25, 2022)