Cecile Andrea Brown v. John C. Coughenour, Judge, United States District Court for the Western District of Washington, et al.
SocialSecurity FirstAmendment DueProcess JusticiabilityDoctri
Whether nominal damages account for harms associated with past constitutional violations
QUESTIONS PRESENTED FOR REVIEW Whether nominal damages account for harms associated with past constitutional violations acknowledges that plaintiffs have suffered real injuries from alleged violations of ‘ fundamental rights, regardless of whether their injuries translate into dollar amounts? Whether the government deprived plaintiffs of their constitutional rights involve quintessential injuries that satisfy Article [II standing yequiremente? Whether the long-standing role of nominal damages play in providing concrete redress for past constitutional injuries, and would enable governmental actors to evade accountability for their unconstitutional policies? Whether the government has acted rationally and arbitrarily? Whether the government has considered relevant factors and | not considered any extraneous factors for its decision. Has the : government considered what skills will be necessary for a | person to effectively discharge the duties connected with the | : post? Has the government decision been tainted by the consideration of extraneous factors such as gender or religion, as the case maybe? Whether the executive action can be described as reasonable and not whether it is exactly what the court or the judge would have chosen to do in that situation? Judicial review of legislative action. That is when laws passed by law-making authorities are challenged by invoking Writ jurisdiction in such cases. The first aspect of the review is whether the legislation violates a fundamental right? Second, whether the legislation violates a constitutional right other than a fundamental right? And third, relevant in the case of delegated legislation such as the Bar Council of India rule, 1975, ( which have been made under the authority granted to the Bar Council of India by the Advocates Act. 1961 is whether the scope ; of the delegated legislation under review is ultra vires ie whether it goes beyond the scope permitted of such delegated | legislation by statute or otherwise? The court must consider objectively, as a matter of legality and constitutionality, | whether the legislation can be sustained? Whether the question of constitutionality of delegated legislation itself? | 1 PETITION FOR A WRIT OF CERTIORARI