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George Dunbar Prewitt, Jr. v. James Kent McDaniel
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 25-60225 · judgment November 11, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the single-judge district court and the 5th Circuit Court of Appeals did not comply with this court’s guidance on the legal standing requirement alluded to in Shapiro v. McManus, 577 U.S. 39, 43-44
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for the convening of three-judge courts under 28 U.S.C. § 2284?
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Whether the Original Jurisdiction of this court in Article III, Section 2 was invoked, i.e., "In all cases ... in which a state shall be party", when the 5th Circuit Court of Appeals shattered the Separation of Powers doctrine by approving the 1890 Mississippi constitution and ignoring the binding effect, under Luther v. Borden, 48 U.S. 1 (1849), of Congress' express and plenary approval, in 16 Stat. 67, of the 1868 Mississippi Constitution as the legitimate, republican basic law of Mississippi that readmitted Mississippi’s elected officials to the Congress and of which the Congressional members, in debate, stated that the 1868 Constitution conforms to Article IV, Section 4 in the U.S. Constitution?
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Whether the 1890 Mississippi Constitution is not a republican document as guaranteed in Article IV, Section 4, (1) because it was not presented to the People for ratification in willful violation of Article IV, Section 4's Republican Guarantee (2) because the ratification failure violated the voting rights and Separation of Powers concerns in the 15th Amendment and in the federal statutes at 14 Stat. 428 (March 2, 1867), 15 Stat. 2 (March 23, 1867), and 16 Stat. 67 (February 23, 1870), where in 1890, the People of Mississippi consisted of 190,000 "Colored" voters who constituted 73 percent of the Mississippi
Counsel of record
For petitioner
George Dunbar Prewitt Jr.
For respondent
Daniel Kim
Mississippi Attorney General's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 29 2026Petition DENIED.
- Jun 09 2026DISTRIBUTED for Conference of 6/25/2026.
- May 30 2026Waiver of right of respondent James Kent McDaniel to respond filed.
- Feb 09 2026Petition for a writ of certiorari filed. (Response due May 27, 2026)