Supreme Court of the United States · Official docket →
Michael Van Cleve v. Gina Raimondo, Secretary of Commerce, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-13699 · judgment May 24, 2022
Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.
Questions presented
In August 2020, I brought a challenge to the government’s application of the 1997 Office of Man agement and Budget race categories to the 2020 U.S. Census and 2020 American Community Survey. I also asked the district court to assemble a threejudge panel under Pub. L. No. 105-119, Title II, § 209(e). Less than a week after I filed a petition for mandamus with the circuit court to assemble a three-judge panel, the district court dismissed my case for a lack of Article III standing. The circuit court affirmed, finding that I did not plausibly allege an Article III injury in-fact. The circuit court did not decide if I was entitled to a three-judge panel. The questions presented are:
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Is the current standing doctrine in conflict with the historical method of interpreting the Constitu tion?
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Does 44 U.S.C. § 3563 or the Office of Man agement and Budget’s Statistical Policy Directive No. 1 give the public the legal right to accurate, relevant, and objective statistical information?
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Did the diversion of my resources, expended before the operative complaint was filed, suffice as an Article III injury?
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Can the circuit court create an alternative remedy outside the facts of the complaint and court record, to avoid finding that an Article III injury was plausibly pled?
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Was the district court required to assemble a three-judge panel under Pub. L. No. 105-119, Title II, § 209(e)?
Counsel of record
For petitioner
Michael Earl Van Cleve
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Order
Order list, December 5, 2022 · Rehearing denied
Proceedings
- Dec 05 2022Rehearing DENIED.
- Nov 15 2022DISTRIBUTED for Conference of 12/2/2022.
- Oct 28 2022Petition for Rehearing filed.
- Oct 03 2022Petition DENIED.
- Aug 31 2022DISTRIBUTED for Conference of 9/28/2022.
- Aug 24 2022Waiver of right of respondents Gina Raimondo, Sec. of Commerce, et al. to respond filed.
- Jul 21 2022Petition for a writ of certiorari filed. (Response due August 24, 2022)