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George Dunbar Prewitt, Jr. v. Yazoo County, Mississippi

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-60073 · judgment November 7, 2023


Certiorari denied · May 13, 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.

Questions presented

  1. Whether the district court and the 5th circuit panel acted in the total absence of subject matter jurisdiction by illegally assuming the subject matter jurisdiction of the requested three-judge court?

  2. Whether the well-pleaded notice of removal sufficiently alleged, pursuant to 28 U.S.C. § 1443(1), that I am immune from prosecution by a Mississippi state government whose existence is a nullity due to Mississippi’s noncompliance with multiple federal laws that expressly provide for racial equality in the electorate’s mandatory, voting ratification of postCivil War constitutions in Mississippi?

  3. Whether any federal court, other than a threejudge court under 28 U.S.C. § 2284, has jurisdiction over the notice of removal’s claim that the 1890 Mississippi constitution unlawfully moved Mississi­ ppi’s eastern boundary to include white majority counties in Alabama and thereby caused the improp­ er apportionment of congressional districts and state legislative districts in Mississippi and Alabama?

  4. Whether the present-day descendants of American Slaves, of which I am one, have been denied our pro­ spective right, under multiple federal statutes, to vote for the ratification of post-Civil War consti­ tutions in Mississippi in properly apportioned state legislative and congressional election districts, a subject matter jurisdictional issue that can only be determined by a three-judge court?

  5. Whether the First Reconstruction Act, and Section 3 of the 14th Amendment to the U.S. Constitution, respectively (a) barred the creation of the 1890 Mississippi Constitution by those in rebellion, and (b)

Counsel of record

For petitioner
George Dunbar Prewitt Jr.

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 13 2024
    Petition DENIED.
  2. Apr 23 2024
    DISTRIBUTED for Conference of 5/9/2024.
  3. Mar 04 2024
    Petition for a writ of certiorari filed. (Response due April 10, 2024)