No. 19-1415

John J. Dierlam v. Donald J. Trump, President of the United States, et al.

Lower Court: Fifth Circuit
Docketed: 2020-06-24
Status: Denied
Type: Paid
Response Waived
Tags: 1st-amendment affordable-care-act civil-rights constitutional-violations due-process equal-protection first-amendment free-speech freedom-of-association healthcare-mandate religious-freedom religious-freedom-restoration-act rfra
Key Terms:
SocialSecurity DueProcess FirstAmendment Securities Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Affordable Care Act contains one or more constitutional violations

Question Presented (OCR Extract)

Issues Presented This case originated in District Court on 2/4/2016. Despite the government’s admission at least in part to a violation of Constitutional Rights, on 6/14/2018 a District Court finally and completely dismissed case 4:16-cv-307. It was appealed | to the 5" Circuit, case 18-20440. The case was fully briefed on 3/12/2019. On 8/7/2019 the case was placed in abeyance in favor of Texas v. United States, case 19-10011 in the same court. | filed a Response Letter objecting to this action by the court. On 3/9/2020 in response to the government's 28(j) Letter, the court requested Supplemental Briefs. The government in their Brief has requested another Stay, which will be the third in the history of this case. As will be expanded later in this Petition, the cases currently in the Supreme Court present different ‘issues as compared to the instant case. The lower courts have unjustly delayed this case and will probably continue to do so. It is possible this case will become moot by a Supreme Court decision in the case previously mentioned before the issues in this case can be properly heard. | therefore request this case be granted Certiorari and set for hearing either before or simultaneously with any case which could cause the instant case to be moot. Issues presented to the Court for decision: 1)Do one or more Constitutional! violations exist in the ACA? Subsidiary to this question and suggested by the Claims in the Complaint and subsequent papers are multiple violations which may require the court to decide such questions as: a)Does the HHS Mandate violate one or more of the RFRA, the 1% i amendment, or equal protection? b)Do the religious Exemptions in the ACA violate RFRA, the 1% amendment, or due process? c)Does the ACA violate freedom of association, privacy rights, equal protection, or due process? 2)Does the Constitutional violations of the ACA constitute a law which is so corrupt, “unreasonable” and “capricious” as to goals and implementation to make it unseverable? 3)Can the principle of the Consent of the Governed be restored to some degree by a declaration properly defining a “direct tax?” ii

Docket Entries

2020-10-05
Petition DENIED.
2020-07-08
DISTRIBUTED for Conference of 9/29/2020.
2020-07-01
Waiver of right of respondent Donald J. Trump, President of the United States, et al. to respond filed.
2020-06-17
Petition for a writ of certiorari before judgment filed. (Response due July 24, 2020)

Attorneys

Donald J. Trump, President of the United States, et al.
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent
John J. Dierlam
John J. Dierlam — Petitioner
John J. Dierlam — Petitioner