David W. Foley, Jr., et ux. v. Orange County, Florida, et al.
DueProcess FifthAmendment Securities
Whether the Due Process Clauses of the Fifth and Fourteenth Amendments require federal and state courts to answer the question of state law that the claimant alleges is dispositive of their claim
QUESTION PRESENTED The “due process of law” clause of the Fourteenth Amendment gave respondents a categorical duty to secure state court approval before or reasonably after enjoining petitioners’ sale of toucans. The same clause gave state court a duty to judicially determine the question of state law petitioners raised to defend their right to sell toucans. However, after seventeen years of percolating in state and federal courts, there is still no judicial determination that the respondents’ continuing local administrative injunction of petitioners’ sale of toucans is consistent with the Florida constitutional provision that petitioners have always pled as their complete defense to that injunction — Article IV, Section 9, Florida Constitution. Nevertheless, the Eleventh Circuit rejected the petitioners’ due process claim and refused, for a second time in this case, to even acknowledge their defense in Article IV, Section 9, Florida Constitution. The question presented by this petition is: Whether the Due Process Clauses of the Fifth and Fourteenth Amendments require federal and state courts to answer the question of state law that the claimant alleges is dispositive of their claim.