No. 18-585

Ernest J. Franceschi, Jr. v. Betty T. Yee, et al.

Lower Court: Ninth Circuit
Docketed: 2018-11-05
Status: Denied
Type: Paid
Response Waived
Tags: bill-of-attainder driver-licenses due-process hearing-opportunity license-suspension occupational-licenses procedural-rights retrospective-legislation substantive-due-process tax-delinquencies tax-delinquency
Key Terms:
ERISA DueProcess
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Does the suspension of state issued occupational and driver licenses without a hearing opportunity, based upon tax delinquencies that pre date enactment of the legislation violate substantive and/or procedural due process?

Question Presented (OCR Extract)

question presented: 1. Does the suspension of state issued occupational and driver licenses without a hearing opportunity, based upon tax delinquencies that pre date enactment of the legislation violate substantive and/or procedural due process? 2. Is legislation that requires the deprivation of driver and occupational licenses without a hearing facially unconstitutional under the due process clause? 3. Is legislation which singles out a class of tax debtors for public disclosure and special legislative punishments without a hearing, an unconstitutional bill of attainder?

Docket Entries

2018-12-10
Petition DENIED.
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-11-13
Waiver of right of respondents Betty T. Yee, et al. to respond filed.
2018-10-29
Petition for a writ of certiorari filed. (Response due December 5, 2018)

Attorneys

Betty T. Yee, et al.
Michael James MonganState of CA, Department of Justice, Respondent
Ernest J. Franceschi, Jr., et al.
Ernest J. Franceschi Jr.Franceschi Law Corporation, Petitioner