No. 19-1415

John J. Dierlam v. Donald J. Trump, President of the United States, et al.

Lower Court: Fifth Circuit
Docketed: 2020-06-24
Status: Denied
Type: Paid
Response Waived
Tags: 1st-amendment affordable-care-act civil-rights constitutional-violations due-process equal-protection first-amendment free-speech freedom-of-association healthcare-mandate religious-freedom religious-freedom-restoration-act rfra
Latest Conference: 2020-09-29
Question Presented (from Petition)

1)Do one or more Constitutional violations exist in the ACA? Subsidiary to this question and suggested by the Claims in the Complaint and subsequent papers are multiple violations which may require the court to decide such questions as:

a)Does the HHS Mandate violate one or more of the RFRA, the 1st amendment, or equal protection?

b)Do the religious Exemptions in the ACA violate RFRA, the 1st amendment, or due process?

c)Does the ACA violate freedom of association, privacy rights, equal protection, or due process?

2)Does the Constitutional violations of the ACA constitute a law which is so corrupt, "unreasonable" and "capricious" as to goals and implementation to make it unseverable?

3)Can the principle of the Consent of the Governed be restored to some degree by a declaration properly defining a "direct tax?"

Question Presented (AI Summary)

Whether the Affordable Care Act contains one or more constitutional violations

Docket Entries

2020-10-05
Petition DENIED.
2020-07-08
DISTRIBUTED for Conference of 9/29/2020.
2020-07-01
Waiver of right of respondent Donald J. Trump, President of the United States, et al. to respond filed.
2020-06-17
Petition for a writ of certiorari before judgment filed. (Response due July 24, 2020)

Attorneys

Donald J. Trump, President of the United States, et al.
Jeffrey B. WallActing Solicitor General, Respondent
John J. Dierlam
John J. Dierlam — Petitioner