No. 24-540

Weih Steve Chang v. United States, et al.

Lower Court: District of Columbia
Docketed: 2024-11-13
Status: Denied
Type: Paid
Response Waived
Tags: china-initiative equal-protection executive-immunity korematsu-precedent national-security racial-discrimination
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether the Supreme Court will revisit the constitutionality of racial discrimination in national security programs and the applicability of the Equal Protection Clause to citizens of specific racial origins

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether, the racist discrimination sanctioned in Korematsu_v. United States, 323 U.S. 214 (1944) continues to be a viable legal doctrine under which the ; government can subject its citizens to searches, seizures and prosecutions on the basis of their race or country of origin. 2. Whether, when a _ counterintelligence operation of a U.S. government national security program (the “China Initiative”) has seized and continues to hold a U.S. citizen’s personal properties without pressing charges, the citizen meets the case and controversy requirement in an Article III court, even when the U.S. government has terminated the national security program. 3. Whether Korematsu_v. United States, 323 U.S. 214 (1944) or Trump v. United States, 603 U.S. __ (2024) gives the Executive Branch absolute or presumptive immunity to conduct racial profiling with a national security program with or without Congressional approval. ; 4. Whether the Equal Protection Clause remains applicable to “Transplanting American. Citizens” of a specific racial origin from a nation against which the U.S. government has an ongoing declared, undeclared, direct, or proxy conflict of existential urgency.

Docket Entries

2025-01-13
Petition DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-13
Waiver of United States, et al. of right to respond submitted.
2024-12-13
Waiver of right of respondent United States, et al. to respond filed.
2024-09-30
Petition for a writ of certiorari filed. (Response due December 13, 2024)

Attorneys

United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Weih S. Chang
Weih Steve Chang — Petitioner