No. 22-6373

Alicja Z. Herriott v. Paul Barrett Herriott

Lower Court: California
Docketed: 2022-12-22
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-rights due-process first-amendment fourteenth-amendment government-redress petition-clause right-to-petition vexatious-litigant
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2023-05-11 (distributed 2 times)
Question Presented (AI Summary)

Whether the California Vexatious Litigant Statutory Law violates the due process rights of pro se litigants by denying them access to the courts

Question Presented (OCR Extract)

QUESTIONS PRESENTED In Be & K Constr. Co. v. NLRB (2002) 536 U.S. 516, 58, this Court held, that “The First Amendment provides, in relevant part, that “Congress shall make no law... abridging. .. the right of the people . . . to petition the Government for a redress of grievances.” We have recognized this right to petition as one of “the most precious of the liberties safeguarded by the Bill of Rights,” Mine Workers v. Illinois Bar Assn., 389 U. S. 217, 222 (1967), and have explained that the right is implied by “the very idea of a government, republican in form,” United States v. Cruikshank, 92 U. S. 542, 552 (1876). ... We based our interpretation in part on the principle that we would not “lightly impute to Congress an intent to invade ... freedoms” protected by the Bill of Rights, such as the right to petition. Id., at 138.” This Court recognizes that access to Court to all litigants is a fundamental right protected by the First and Fourteenth Amendments. California Statutory Law of Vexatious Litigants violates due process of In Pro Per litigants. 16A C.J.S. Constitutional Law § 719. ee ii

Docket Entries

2023-05-15
Rehearing DENIED.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-03-24
2023-02-27
Petition DENIED.
2023-02-09
DISTRIBUTED for Conference of 2/24/2023.
2022-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 23, 2023)

Attorneys

Alicja Z. Herriott
Alicja Herriott — Petitioner