Whether the Federal Arbitration Act requires a district court to confirm an arbitration award when no timely motion to vacate, modify, or correct has been filed

No question identified. : To the Honorable Elena Kagan, Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit: I. INTRODUCTION AND RELIEF SOUGHT Petitioner Allen Watkins respectfully applies for an emergency stay and immediate reinstatement of all suspended licenses and commercial and personal driver’s licenses—pending this Court’s disposition of his companion Petition for Writ of Mandamus. Petitioner further requests that all child-support enforcement actions, including wage garnishment, withholding, tax refund intercepts, and license suspensions, be stayed to prevent continuing and irreparable harm until the United States District Court for the District of Arizona performs its mandatory duty under the Federal Arbitration Act, ch. 213, § 9, 43 Stat. 883-885, to confirm Petitioner’s arbitration award. Upon confirmation, the award will restore Petitioner’s lawful position and make him whole; this application therefore seeks only temporary, equitable protection to preserve the status quo until that confirmation occurs. II. GROUNDS FOR EMERGENCY RELIEF 1. Irreparable Harm: Petitioner has suffered loss of livelihood and is in imminent danger of homelessness. His commercial and personal driver’s licenses remain suspended, making employment impossible; his unemployment benefits are being garnished; and continued enforcement threatens his remaining means of support. Page 2 of 6 The continuing deprivation extends beyond Petitioner himself. He is the custodial parent of minor children who rely on his income and stability. The ongoing garnishments and suspensions deprive the household of essential support and have directly harmed the children’s welfare—contrary to the very public policy that child-support enforcement laws are meant to serve. Immediate relief is necessary to prevent further injury to these minors and to restore lawful operation of the agencies in accordance with their statutory mission. . Likelihood of Success on the Merits: The Federal Arbitration Act provides that a court “must grant such an order” confirming an arbitration award when no timely motion to vacate, modify, or correct has been filed. 43 Stat. 883-885. No such motion was filed. The District Court’s refusal to docket and confirm, and the Ninth Circuit’s prolonged inaction after converting Petitioner’s mandamus petition into an appeal without consent, are clear violations of a ministerial duty imposed by statute. These jurisdictional defects, having rendered subsequent enforcement coram non judice et void ab initio, justify immediate intervention under Rule 22 to preserve the integrity of federal law. Furthermore, Petitioner shows that all enforcement actions and continuing deprivations stemming from the District Court’s refusal to confirm the February 5, 2024 arbitration award are coram non judice and void ab initio. Once the court declined to perform the ministerial duty imposed by Congress under the Federal Arbitration Act of 1925 (ch. 213, §§ 9-12, 43 Stat. 883-885), it acted beyond lawful authority. As Marbury v. Madison, 1 Cranch 137 (1803), affirms, the omission of a mandatory legal duty is itself Page 3 of 6 a violation of law; therefore, every resulting enforcement measure lacks legal effect and cannot justify continued suspension or deprivation. 3. Balance of Equities: Respondent agencies suffer no prejudice from a temporary stay; Petitioner, without it, faces loss of livelihood, home, and basic subsistence. The equities favor granting interim relief. 4. Public Interest: Public interest lies in enforcement of congressional mandates and protection of citizens from arbitrary deprivation of property and rights. Granting this stay serves that interest. IH, RELIEF REQUESTED Petitioner respectfully asks that Justice Kagan issue an Order: 1. Ceasing Enforcement. Directing the Arizona Department of Economic Security, Division of Child Support Services, and the Illinois Department of Healthcare and Family Se