No. 20-6117

David M. Wasanyi v. United States

Lower Court: Fourth Circuit
Docketed: 2020-10-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law controlled-substances-act diversion-amendment due-process equal-protection food-and-drug-agency healthcare-services minority-health
Key Terms:
SocialSecurity DueProcess FifthAmendment
Latest Conference: 2020-11-20
Question Presented (AI Summary)

Whether the Federal government infringed on Petitioner's rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, made applicable to the federal statutes by the Due Process Clause of the Fifth Amendment, by creatively enforcing Controlled Substances Act (CSA) against him

Question Presented (OCR Extract)

QUESTIONS PRESENTED | 1. Whether the Federal government infringed on Petitioner's rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, made applicable to the federal statutes by the Due Process Clause of the Fifth Amendment, by creatively enforcing Controlled Substances Act (CSA) against him. 2. Whether providing prescription medications and other healthcare services under | Rules and Regulations of Food and Drug Agency to impoverished blacks and other minorities to avert health disparity as determined by Congress in Minority Health and Health disparities Research and Education Act of 2000; 42 U S C 300u-6 and 21 USC 399f of Food Drug and Cosmetic Act, is a violation of 21 U S C 842 of the Food Drug and Cosmetic Act’. 3. Whether by the Federal Government’s use of “The Diversion Amendment of 1984” in the Uniform Controlled Substance Act whose provisions were covered by a latter Act, | Act embraced new provisions repugnant to it, to bring a civil action against petitioner, ! did not violate the repeal clause of the United States Constitution. t * Federal laws regulating food and drugs under Title 21 of U.S. Code, including 21 USCS 841, are constitutional; under Commerce Clause, Congress has power to regulate large interstate market for illegal drugs, just as it has power to regulate food and drugs in general, United States v Cidone (2011, CA3 Pa) 2011 US l

Docket Entries

2020-11-23
Petition DENIED.
2020-11-05
DISTRIBUTED for Conference of 11/20/2020.
2020-11-02
Waiver of right of respondent United States to respond filed.
2020-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2020)

Attorneys

David M. Wasanyi
David M. Wasanyi — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent