No. 19-86

Maria Jordan v. Director, Office of Workers' Compensation Programs, Department of Labor, et al.

Lower Court: Fifth Circuit
Docketed: 2019-07-16
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: administrative-procedure-act agency-adjudication appellate-procedure arbitrary-and-capricious constitutional-law constitutional-rights due-process judicial-review
Key Terms:
AdministrativeLaw SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Administrative Procedure Act, as applied to Petitioner by the Fifth Circuit, is unconstitutional

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Fifth Circuit Court of Appeals dismissed a petition for review of an agency adjudication subject to the Administrative Procedure Act. The court dismissed without providing any explanation whatsoever. Then— again without any explanation whatsoever—it denied a motion requesting transfer to district court and a motion requesting an opinion or at least a statement of the relevant law. The record shows that the Fifth Circuit dismissed this appeal without explanation to arrogate to itself the power to disregard all authority in precedent, federal law and the U.S. Constitution governing judicial review. Consequently, the questions presented are: 1. Whether the Administrative Procedure Act, as applied to Petitioner by the Fifth Circuit, is unconstitutional. 2. Whether, when dismissing a petition for review of agency action governed by the Administrative Procedure Act, a court of appeals is required to declare the governing law, state material facts, and address relevant issues presented by the parties. 3. Whether, upon the filing of a procedurally correct and adequate petition for certiorari, the U.S. Constitution requires the U.S. Supreme Court to reverse an unexplained dismissal of judicial review of an agency adjudication governed by the Administrative Procedure Act. ii RELATED CASES Maria Jordan v. Director, OWCP, et al., No. 16-60576, U.S. Court of Appeals for the Fifth Circuit. Judgment entered November 18, 2016. Maria Jordan v. Director, OWCP, et al., No. 17-60424, U.S. Court of Appeals for the Fifth Circuit. Judgment entered July 6, 2017. Maria Jordan v. Director, OWCP, et al., No. 17-60851, U.S. Court of Appeals for the Fifth Circuit. Judgment entered January 24, 2018. Maria Jordan v. Director, OWCP, et al., No. 17-843, 138 S.Ct. 1609. Certiorari denied April 23, 2018. Maria Jordan v. Director, OWCP, et al., No. 18-60329, U.S. Court of Appeals for the Fifth Circuit. Judgment entered June 8, 2018. Maria Jordan v. Director, OWCP, et al., No. 19-60178, U.S. Court of Appeals for the Fifth Circuit. Judgment entered April 16, 2019.

Docket Entries

2019-10-07
Petition DENIED.
2019-08-21
DISTRIBUTED for Conference of 10/1/2019.
2019-08-05
Waiver of right of respondent Director, Office of Workers' Compensation Programs, U.S. Department of Labor to respond filed.
2019-08-05
Waiver of right of respondent DynCorp International LLC with respect to discrimination claim to respond filed.
2019-08-01
Waiver of right of respondents Continental Casualty Company, et al. to respond filed.
2019-07-12
Petition for a writ of certiorari filed. (Response due August 15, 2019)

Attorneys

Continental Casualty Company, DynCorp and International, LLC with respect to the disability claim
Lauren E. WilsonBrown Sims, Respondent
Lauren E. WilsonBrown Sims, Respondent
Director, Office of Workers' Compensation Programs, U.S. Department of Labor
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
DynCorp International LLC with respect to discrimination claim
Ethan Daniel BalsamLittler Mendelson, P.C., Respondent
Ethan Daniel BalsamLittler Mendelson, P.C., Respondent
Maria Jordan
Jack Revels Tucker JordanSolo Practitioner, Petitioner
Jack Revels Tucker JordanSolo Practitioner, Petitioner