James W. Tindall v. Department of Labor, Administrative Review Board
AdministrativeLaw Arbitration ERISA FirstAmendment FifthAmendment Securities
Whether the doctrine of federal sovereign immunity has any basis in the U.S. Constitution
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?