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In Re Henry L. Klein

Paid petition


Certiorari denied · March 4, 2024
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

On April 14,2023, Axon v. FTC was decided along with SEC v. Cochran, leaving open only where the fundamental challenges may be heard ("Axon"). Given Axon's significance to issues raised in Klein v. ODC, 23-261, on October 10, Petitioner filed a Request to Enforce the Supremacy Clause with Axon being the supreme law of the land, Appx G. On October 12, the Louisiana Supreme Court treated the Request as a Petition for Rehearing and DENIED without reasons, Appx A. In essence, the May 18 Per Curiam gave absolute deference to Louisiana's attorneyregulation scheme1. Q-l: Did the Louisiana Supreme Court violate the Constitution's Supremacy Clause by DENYING Petitioner's Request to enforce Axon v . FTC and SEC v. Cochran as the supreme law of the land, preempting Louisiana's Disciplinary Rule XIX? Q-2: Does Louisiana's attorney-regulation scheme provide a"... meaningful judicial review ..." in the form of 20 minutes oral argument on a record devoid of Article III adjudicators and hearing transcripts? Q-3. Given the combination of prosecutorial and adjudicatory roles in a single ODC deputy, was Petitioner subjected to "... an illegitimate proceeding 1 "Deferential review is particularly concerning given [ALJ] tendency to overwhelmingly agree with their respective agency's decisions.", Axon concurrence by Justice THOMAS at n. 1.

Counsel of record

For petitioner
Henry Luis Klein
Henry L. Klein

For respondent
David Becker
General Counsel, Louisiana Supreme Court

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 04 2024
    Petition DENIED.
  2. Feb 14 2024
    DISTRIBUTED for Conference of 3/1/2024.
  3. Jan 28 2024
    Corrected Rule 21 Motion to Full Court of Henry Klein not accepted for filing. (February 13, 2024)
  4. Jan 27 2024
    Rule 21 Motion to the Full Court to Require Responses by Louisiana Justices of Henry Klein not accepted for filing. (February 13, 2024)
  5. Jan 22 2024
    Waiver of right of respondent Justice of the Louisiana Supreme Court to respond filed.
  6. Jan 08 2024
    Petition for a writ of mandamus and/or prohibition filed. (Response due February 9, 2024)