No. 19-5714

Dianne Michele Carter v. United States

Lower Court: Fourth Circuit
Docketed: 2019-08-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-procedure civil-rights constitution constitutional-interpretation constitutional-supremacy due-process federal-rules internal-revenue-code judicial-procedure legislative-interpretation separation-of-powers service-of-process standing takings
Latest Conference: 2019-10-11
Question Presented (from Petition)

1. If the courts are to regard the Constitution and the Constitution is superior to any ordinary
act of the legislature, is it the Constitution, and not such ordinary act, that must govern
this case to which they both apply?

2. Is it constitutional for a judge to issue an order that service is to be in accordance with
Rule 4 of the Federal Rules of Civil Procedure and then proceed with the case, issuing a
Bench Warrant for the defendant 's failure to appear, knowing that the plaintiff failed to
effect service?

3. Is it constitutional for Commissioner of Internal Revenue to seek remedy, from a
consumer who has no contract with Commissioner, which is inconsistent with the
Internal Revenue Code of which the Commissioner must abide?

Question Presented (AI Summary)

Is the Constitution or an ordinary act of the legislature superior?

Docket Entries

2019-10-15
Petition DENIED.
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-09-09
Waiver of right of respondent United States to respond filed.
2019-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2019)

Attorneys

Dianne Michele Carter
Dianne Michele Carter — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent