Justin Paul Dreiling v. United States

The Honorable Judge Pauline Newman was prohibited in participating in an appeal brought by the petitioner in the United States Court of Appeals for the Federal Circuit due to an order by the Judicial Council of the Federal Circuit. It is presumed this order is in full congruence with the Constitution; that the order is, in and of itself, not an impeachment. The primary underlying issue in this petition is who can determine when a judge is not in good behavior, and once determined, who can apply punishment. The Questions Presented Are:

1. Whether 28 U.S.C. § 354(a)(2)(A)(i) is unconsti­ tutional?

2. Does 28 U.S.C. § 455, when an appeal brought before the Federal Circuit alleges claims against the Judicial Council of the Federal Circuit, require the members of Judicial Council to recuse themselves, even though the named defendant is the United States?

3. Do the petitioner’s original claims satisfy the plain language of the Tucker Act, and if so, is he entitled to rely upon that plain language?