Did the DC apply de novo review to A.'s Complaint?

QUESTIONS PRESENTED Xavier Becerra, Department of Health and Human Services, Sec. for DHHS, 1. Did the DC apply de novo review to A.'s Complaint? Does its opinion take all A.'s factual allegations as true? Viewed all reasonable inferences in light most favorable to A.? Construed the Complaint liberally? Did the DC recount the facts of the case accurately? 2. Do A.'s representations of D. actions plausibly and sufficiently convey violations of the First, Fourth, Fifth, and Fourteenth Amendments? Can the criteria for sufficiency and plausibility be stated more practically and precisely in order that they can be applied with consistency and reliability? 38. How can the 8th Circuit's Oglala Sioux decision be reconciled with Morgan Distrib. Co. v. Unidynamic Corp. for complaint amendment? What role does de novo review play, or should it play, in the determination of a complaint's claims? 4. Schweiker asserts that the MA makes no provision for money ; damages for unconstitutional conduct. Does "no provision" necessarily imply that it can never happen? How is it that a piece of legislation may limit, restrict, or deny judicial review and constitutional rights? 1 How can the many decisions, including those of the Supreme Court, be reconciled with Schweiker's opposition to judicial review and monetary damages? Jacobs v. U.S. Bush v. Lucas. The First Amendment. 5. Is the DC's application of Goldberg v. Kelly to A.'s claims of violations of the Constitution "reasonable"? Accurate. Does notice by letter of a termination of benefits received three days after termination meet Goldberg v. Kelly's requirements for due process? The D.C.'s decision states: "Harvey alleges that he received such notice here." Where's "here"? Where exactly does A. make this "allegation"? Did A. receive the due process to which he is entitled? 6. How much latitude does a D.C. have in its interpretation and application of decisions by the Court of Appeals and the Supreme Court. At what point and to what extent do the requirements of de novo review constrain interpretation and application of a decision that is at a great distance from complying with the requirements of de novo? 7. Do constitutional claims presented with the MA always arise under the MA? Mayconstitutional claims presented with claims arising under the MA to be entirely independent of the it? Does Weinberger v. Saifi, with all the derivatives it has inspired, make sense? How? 8. Under what circumstances may congressional legislation restrict rights guaranteed under the Constitution? How does a claim of constitutional violation arise under any doctrine but the Constitution? 2 9. Within the requirements of de novo review, may a Court of Appeals defer to a DC? Did the 8th Circuit defer to the Minnesota DC in this case? Is the 8th Circuit's decision here consistent with its other decisions specifying and supporting the principles of de novo? How are they reconciled? Given the DC's applications of de novo, as they conflict with higher opinions, is the 8th Circuit's affirmation justified? 9. Do the problems A. alleges for the conduct of the DC and CA raise ethical problems? 10. Under what circumstances or conditions, if ever, may congressional legislation compromise or restrict citizens’ constitutional rights? Michael Harvey } 2520 County Road F, Fast, #206 Saint Paul, MN 55110 651-426-2761 Date: January 23, 2024 3