Hrair Kaladjian v. Joseph R. Biden, Jr., President of the United States, et al.

Petitioner Hrair Kaladjian brought an action for injunctive relief against the President of the United States for his failure to report as required by the waiver provisions of Section 907 of the Freedom Support Act, arguing discrimination. . Upon filing of the action, Hrair Kaladjian requested a temporary restraining order prohibiting any illegal waiver of Section 907, which was denied after briefing, without hearing. Contemporaneously, the District Court dismissed the Complaint, without hearing and without leave to amend, reasoning that the claim lacked the Constitutional case or controversy requirement. After the filing of the Opening Brief, the Ninth Circuit Court of Appeals granted summary affirmance of the District Court’s ruling, reasoning that the question raised on appeal was insubstantial. The following question is presented: 1. Whether the President’s violation of Section 907 of the Freedom Support Act is actionable by a private citizen under the Fifth Amendment Equal Protection Clause of the United States Constitution.