No. 20-946

John J. Dierlam v. Joseph R. Biden, Jr., President of the United States, et al.

Lower Court: Fifth Circuit
Docketed: 2021-01-14
Status: Denied
Type: Paid
Response Waived
Tags: 1st-amendment affordable-care-act civil-rights constitutional-violations due-process equal-protection first-amendment free-speech religious-exemptions rfra
Latest Conference: 2021-02-19
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?
i
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 "direct tax" and "consent of the governed?"

Question Presented (AI Summary)

Do one or more Constitutional violations exist in the ACA?

Docket Entries

2021-02-22
Petition DENIED.
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-19
Waiver of right of respondent Trump, Donald J., et al. to respond filed.
2021-01-13
Petition for a writ of certiorari filed. (Response due February 16, 2021)

Attorneys

John J. Dierlam
John J. Dierlam — Petitioner
Joseph R. Biden, Jr., President of the United States, et al.
Elizabeth B. PrelogarActing Solicitor General, Respondent