No. 23-6380

Noel Austin v. Tim Hooper, Warden

Lower Court: Louisiana
Docketed: 2023-12-28
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-amendment due-process federal-preemption jurisdiction jurisdictional-barriers standing state-law supreme-court-review
Key Terms:
AdministrativeLaw DueProcess FourthAmendment Patent JusticiabilityDoctri
Latest Conference: 2024-02-23
Question Presented (AI Summary)

Whether the lower state court's deliberate transgression of jurisdictional barriers imposed by the 14th Amendment should be addressed

Question Presented (OCR Extract)

No question identified. : @ IV. QUESTIONS PRE sersn © 1.) Whether this Honorable United States Supreme Court, pursuant Article If], ance raised, is duty-bound to address the lower state court's deliberate transgression of jurisdictional barriers imposed by the Constitution of the United States pursuant the 14" Amendment? 2.) “Must” the issue of “jurisdiction be investigated and resolved once raised by one of the petitioning party(ies) to the litigation? 3.) Whether, when jurisdiction to adjudicate is wanting in the lower state court forum due to the black-letter of the Constitution of the United States, state law, can the lower State Court forum legally transfer jurisdiction to this Honorable United States Supreme Court, for a merit determination of the underlying claims or must jurisdiction be satisfied first? 4.) Whether the lower transferring State Court, while lacking jurisdiction to adjudicate, (due to the challenged judgment being the by-product of federally-preempted state law(s)), evade satisfying itself on the issue of Federal-Preemption of State law before attempted to reach any other judgment? 5.) Does Jurisdiction of the lower State Court becomes tainted by operation of Constitutional Amendments which forbade all State Legislatures from enacting certain types of laws? (i.e. No state shall make or enforce any law which shall abridge the privileges and immunities of the Citizens of the United States within their jurisdictions) When State Legislators openly declared their intent to disregard certain portions of the Federal Constitution? 6.) Whether an enforceable judgment can constitutionally arise out of application of FederallyPreempted State Laws, being used to deprive a person, recognized as enjoying substantive constitutional protections from the existence and operation of federally-preempted state laws? 7, Can the State District Court and Court of Appeals constitutionally invoke a State procedural Bar as the reason for declining to consider the Federal Preemption question in light of Ward y. Lave County, 253 U.S. 17, 22; Staub v. Baxley, 355 U.S. 213, 318-320)? 8. Does the Question of Federal-Preemption go to the power of State Court over the subject matter of the controversy? ~ §, Can the question of jurisdiction be waived? 10, Can the question of jurisdiction be raised at any time, before any court in light of Seaboard Air Line Co. y, Daniel, 333 U.S. 118, 122-123? 11. Does a daim of Federal Preemption of State Constitutional and State Statutory provisions properly raise a pure Federal Question of Law? 12. When pure Federal Questions of Law are properly presented in plain view of the comt below, are such State Courts at liberty to disregard such a question? 13. Are State Courts allowed, under the existing decisions of the United States Supreme Court, to reject claims of Federal Preemption of State Laws which were expressly prohibited to all States to enact by the Constitution of the United States? (i.e. laws purposely designed to discriminate on the basis of race, color and/or previous condition of servitude) ii id, Are contin Dts and State Statutory Laws openly declared to and | designed to discriminate against the negro on the basis of race, color and previous condition of Servitude, Federally Preempted from inception and void ab initio? 1S. Because the 13 14° and 15" Amendments of the United States Constitution and 18 U.S.C § 242 prohibited discrimination or denial of rights, privileges, immunities on the basis of race color or previous condition of servitude, are State Actors obliged to give force to the federal provisions of law which allowed re-enslavement in violation of the United States Constitution? 16. Whether the Delegates of the Louisiana Constitutional Convent of 1898 launched a direct attack against the Supremacy of the United State's Constitution, in its ability to prohibit the enactment of State Laws which discriminate on the basis of race, color or previous condition of servitude? 17. Wheth

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2023-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2024)

Attorneys

Noel Austin
Noel Austin — Petitioner