No. 18-888

Michael S. Bent v. Cheryl Strange, et al.

Lower Court: Ninth Circuit
Docketed: 2019-01-09
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 42-usc-1983 due-process federal-grants impartiality judicial-impartiality noncustodial-parent parens-patriae social-security-act state-courts strict-scrutiny title-iv-d
Key Terms:
AdministrativeLaw Arbitration SocialSecurity ERISA DueProcess Takings FifthAmendment
Latest Conference: 2019-04-12 (distributed 2 times)
Question Presented (AI Summary)

Does the federal classification of 'noncustodial parent' under Title IV-D of the Social Security Act violate due process?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Title IV-D of the Social Security Act provides for federal “incentives payments” to “appropriate courts” . paid via state agencies when the incented court assigns support obligation and the state agency classifies the obligor as a Title IV-D “noncustodial parent” (“NCP”). This discriminatory federal classification is undefined but comes with hideous federal burdens under Title IV-D. , 4. Lacking federal definition for the Title IV-D noncustodial parent, may a state agency classify an obligator parent as a Title IV-D noncustodial parent for the agency to earn federal grants? 2. Does payment of federal grants to incented courts predicated on their rulings on Title IV-D cases inherently disturb this Court's objective test for impartiality and provide adequate basis -for federal courts to impose strict scrutiny review to adjudicate claim that payments to state courts against Bent’s Title IV-D case violate his right of Due Process? 3. Absent adequate evidence of statutory violation or action under parens patriae power, may Clark County alienate Bent’s personal = property _—without compensation, and is action for compensation available under 42 U.S.C. § 1983 given Clark County lacks adequate compensation remedy? 3 oe .

Docket Entries

2019-04-15
Rehearing DENIED.
2019-03-27
DISTRIBUTED for Conference of 4/12/2019.
2019-03-16
2019-02-19
Petition DENIED.
2019-02-08
Waiver of right of respondent United States to respond filed.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-23
Waiver of right of respondent Steven Wagner and Cheryl Strange to respond filed.
2018-11-15
Petition for a writ of certiorari filed. (Response due February 8, 2019)

Attorneys

Michael S. Bent
Michael S. Bent — Petitioner
Michael S. Bent — Petitioner
Steven Wagner and Cheryl Strange
Jay Douglas Geck — Respondent
Jay Douglas Geck — Respondent
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent