No. 21-6713

Andrew U. D. Straw v. United States

Lower Court: Federal Circuit
Docketed: 2021-12-23
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: civil-procedure court-jurisdiction due-process fifth-amendment judicial-takings law-license property-rights regulatory-takings takings tucker-act
Key Terms:
AdministrativeLaw ERISA Takings FifthAmendment
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the rule that the Court of Federal Claims cannot review other courts' final orders is wrongly applied

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the rule that the Court of Federal Claims cannot review other courts’ final orders is wrongly applied when the only matter is a takings and the other court (being “reviewed”) had no Tucker Act jurisdiction to grant such takings when the damages claimed was over $10,000 (as here). Thus, whether when judicial . takings are being compensated, nothing in the other case would be overturned and review of another court is not a bar to Tucker/Takings recovery. Fed. R. Evid. § 201 (a) & (c). This has long been the Federal Circuit rule, but it was not applied here. Boise Cascade Corporation, v. United States, 296 F.3d 1339, 1344 (Fed. Cir. 2002) Whether a law license is property of such great import that, when taken by a . judge or court, must be compensated when no crime was alleged, no dishonest act was alleged, and the only grounds for taking the licenses was “incompetence.” Further, another state rejected this suspension as “a drive-by shooting” by claiming no ethical violation happened by clear and convincing evidence. In other words, whether 5 years of suspension with no fault should be sufficient property invasion to justify a 5s Amendment Taking and compensation. Ex Parte Garland, 71 U.S. 333, 379 (1867) (One does not hold a law license , merely “as.a matter of grace and favor.”); Supreme Court of N.H. v. Piper, 470 U.S. 274, 281 (1985) (“The opportunity to. practice law is a ‘fundamental right.”’) Scheehle v. Justices, 508 F.3d 887, 889, 891 (9th Cir. 2007) (Penn Central & Lingle regulatory takings tests govern law license takings)

Docket Entries

2022-02-22
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-14
Waiver of right of respondent United States to respond filed.
2021-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 24, 2022)

Attorneys

Andrew U.D. Straw
Andrew U. D. Straw — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent