Aruan Aleman Hernandez v. Palm Beach County State Attorney
FirstAmendment DueProcess JusticiabilityDoctri
Whether the 6th Amendment right to counsel extends to victims of a crime for purposes of Equal Protection
QUESTIONS PRESENTED oo Section 1331 of Title: 28 of the United States Code provides for federal question.cases the opportunity to be heard.:The characterization of the §1331 cannon presented above not only yield a series of clarity enhancing jurisdictional standard, but’ also presents:a principle asserts that §1331 jurisdiction is best understood as a function of the viability of the. federal right that the petitioner asserts balanced against other indicia: of congressional intent that the petitioner particular claim should be heard:in:the federal courts. ~ ~~ : Here;the Court faces cases where State law supplies-a-cause of action ‘in which a federal right is.embedded. The petitioner in such cases is not alleging a congressional cause of-action; thus, there are fewer indicia of congressional intent to vest §1331. Indeed, the petitioners in _ , such cases‘ as the'one: at hand essentially concede that there is not a congressional judgment that they are “appropriate partlies] to invoke the power. of the ‘[federal] court” in the matter at hand. David v. . Passman, 442 U.S.:228, 239 (1979). Rather, the existence of a federal | right constitutes the sole marker of legislative approval to take §1331 | jurisdiction. See e.g., John F’Manning, Textualism as a nondelegation | 3. If the 6 Amendment of the United States Constitution protects the defendants with the right to assistance of counsel, it is fair to not include in the same 6 Amendment those rights to any victim of a crime for purpose of Equal Protection of the law? lv