Mark Andrew Bauersachs v. Board of Governors of the Federal Reserve System, et al.

In 12 U.S.C. § 225a, Congress commands the Federal Reserve to achieve stable prices using a legislative rule. The legislative rule eliminates price inflation caused by excessively rapid growth of the money supply. The Fed’s final agency action titled Flexible Average Inflation Tarsetins (FAIT) set aside the legislative rule and unlawfully added 117 years’ worth of money growth in only 60 days from April to May 2020. With this excessive money growth, FAIT pre-authorized 14.3% chain-type price inflation from 2021 to 2023, and 91% inflation through year 2049. FAIT violates the Equal Protection Clause through a perversion of law: Congress never intended the Costof-Living Adjustment (COLA) in 5 U.S.C. § 8462 to reimburse millions of public-sector pensions for FAIT’s unlawful inflation, while FAIT cuts the purchasing power of fixed-income pensions in the private sector without reimbursement. FAIT fails the rational basis test by violating 12 U.S.C. § 225a, the Coinage Power, and the Nondelegation Doctrine. The questions presented are:

1. Whether, for similarly situated pensioners aged 62 and older, FAIT plausibly fails the rational basis test and plausibly violates the Equal Protection Clause.

2. Whether the district court has jurisdiction over Petitioner’s complaint for declaratory and injunctive relief under the Administrative Procedure Act (APA).

3. Whether a prayer for monetary COLA relief is specific relief and not “money damages” as that term is used in § 702 of the APA.