No. 23-182

James W. Tindall v. Department of Labor, Administrative Review Board

Lower Court: Eleventh Circuit
Docketed: 2023-08-25
Status: Denied
Type: Paid
Response Waived
Tags: 1st-amendment administrative-procedure article-iii constitutional-review federal-sovereign-immunity first-amendment judicial-power judicial-review sovereign-immunity standing strict-scrutiny us-constitution
Key Terms:
AdministrativeLaw Arbitration ERISA FirstAmendment FifthAmendment Securities
Latest Conference: 2023-10-13
Question Presented (AI Summary)

Whether the doctrine of federal sovereign immunity has any basis in the U.S. Constitution

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.) Whether the doctrine of federal sovereign immunity has any basis in the U.S. Constitution or is precluded by the U.S. Const., Art. III, Sec. 2, which specifically defines the power of the judicial branch to include “Controversies to which the United States shall be a Party” without any limitation or constraint? 2.) Whether the doctrine of federal sovereign immunity (whatever its scope is determined to be) can possibly satisfy the appropriate constitutional standard of review (strict scrutiny) when that ju: dicially-created doctrine limits petitioner’s constitutional right to seek review by the judicial branch for the illegal conduct of the federal government (or its employees) and when that doctrine also infringes on petitioner's 1st Amendment right to free speech and to seek redress? 3.) Ifthe doctrine of federal sovereign immunity has any basis in the U.S. Constitution, whether the doctrine of federal sovereign immunity is a broad power or is a narrow power that applies only when ; the federal government is wielding its limited and sovereign powers? 4.) Whether the lower court properly applied the numerous exceptions to the doctrine of federal sovereign immunity when the lower court declined to properly apply the Ultra Vires Exception, ignored the clear language of the APA Exception and ignored Congress’ clear intent to allow for judicial re; view of respondent’s determinations under 26 U.S.C. §7623(d)(2)(A)@), which specifically incorporates the rules and procedures of 49 U.S.C. §42121(b) to allow for a direct appeal by the Court of Appeals?

Docket Entries

2023-10-16
Petition DENIED.
2023-09-27
DISTRIBUTED for Conference of 10/13/2023.
2023-09-25
Waiver of right of respondent Department of Labor, Administrative Review Board to respond filed.
2023-08-22
Petition for a writ of certiorari filed. (Response due September 25, 2023)

Attorneys

Department of Labor, Administrative Review Board
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
James W. Tindall
James W. Tindall — Petitioner
James W. Tindall — Petitioner