ERISA FirstAmendment Securities JusticiabilityDoctri
Did the Louisiana Supreme Court violate the Supremacy Clause by denying Petitioner's request to enforce Axon v. FTC and SEC v. Cochran as the supreme law of the land?
QUESTIONS PRESENTED On April 14, 2023, Axon v. FTC was decided along with SEC v. Cochran, leaving open only where the fundamental challenges may be heard ("Axon"). Given Axon's significance to issues raised in Klein v. ODC, 23-261, on October 10, Petitioner filed a Request to Enforce the Supremacy Clause with Axon being the supreme law of the land, Appx G. On October 12, the Louisiana Supreme Court treated the Request as a Petition for Rehearing and DENIED without reasons, Appx A. In essence, the May 18 Per Curiam gave absolute deference to Louisiana's attorneyregulation scheme’. Q-1: Did the Louisiana Supreme Court violate the Constitution's Supremacy Clause by DENYING Petitioner's Request to enforce Axon vu. FTC and SEC v. Cochran as the supreme law of the land, preempting Louisiana's Disciplinary Rule XIX? Q-2: Does Louisiana's attorney-regulation scheme provide a"... meaningful judicial review ..." in the form of 20 minutes oral argument on a record devoid of Article III adjudicators and hearing transcripts? Q-3. Given the combination of prosecutorial and ; adjudicatory roles in a single ODC deputy, was Petitioner subjected to "... an illegitimate proceeding ; 1 "Deferential review is particularly concerning given [ALJ] tendency to overwhelmingly agree with their respective agency's decisions.", Axon concurrence by Justice THOMAS at n.1. 1 1 led by an illegitimate decision-maker ..."? Axon, at 13. Q-4. Was Petitioner's suspension"... retaliation ..." for his whistle-blower exposure of Girod LoanCo, an admitted vulture fund wielding $400 million in FNBC debt criminally bloated multi-fold? li : PRELUDE RE: AXON/COCHRAN In Re: Henry L. Klein, 2023-B-0066, has all attributes Justice KAGAN described in Axon. Better yet, this case answers the second part of the question posed: "Our task today is not to resolve those challenges; rather, it is to decide where they may be heard." The last sentence of the concurrence by Justice THOMAS also applies: "In an appropriate case, we should consider whether such schemes and the appellate review model they embody are constitutional methods for the adjudication of private rights." Petitioner also welcomes the easier avenue for deciding issues: 28 U.S.C. §1331. Petitioner and Regina Heisler were both deprived of due process by the sui generis structure of Rule XIX, meaning that the Louisiana administrative scheme was unstructured ergo: unconstitutional. At page 2 of his concurrence, Justice GORSUCH struck a welcome note from Thunder Basin v. Reich, 510 U.S. 200 (1994). (At the ; outset, Thunder Basin requires litigants and courts to ask whether a comprehensive review process exists.) The answer is a strong "no". Petitioner tried his best to acquaint the Louisiana Justices with Axon's significance, e.g, Appx E. Respectfully, the Respondent Justices did not have an option to iii ; disregard the Supremacy Clause, which ends with the mandatory admonition that: ".. the Judges in every State shall be : bound thereby, any Thing in the ‘ Constitution or Laws of any State to the Contrary notwithstanding ..." ; CONGRESSIONAL INTENT, VEL NON, AND THE NEED FOR REFORM All significant cases cited in Axon and elsewhere consider , Congressional intent as to any agency-structure under a judicial review. Congress, however, plays no role in ; lawyer-regulation, making most cases inapposite, requiring analysis elsewhere. The total collapse of due process protection here beckons two recent documentaries . on the need to reform the attorney-discipline regime. , Lucian Pera, February 7, 2023, "It's Time for the ABA to Renew Its Role in Attorney : Discipline", and Michael Frisch, February 20, 2023, "A Need For Study and Reform", Appx J and Appx K. The ODC/GIROD illicit combination targeting Henry , Klein is an unfortunate "... sign of the times ..."” This case can deliver prompt succor to Petitioner and use five years of Petitioner's hard work to independently investigate how this could have ever happened in Ameri