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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


Certiorari denied · May 23, 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

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

  1. Aug 01 2022
    Rehearing DENIED.
  2. Jul 07 2022
    DISTRIBUTED.
  3. Jun 14 2022
  4. May 23 2022
    Petition DENIED.
  5. May 03 2022
    DISTRIBUTED for Conference of 5/19/2022.
  6. Apr 25 2022
    Waiver of right of respondent Pelosi, Nancy, et al. to respond filed.
  7. Mar 23 2022
    Petition for a writ of certiorari filed. (Response due April 25, 2022)