No. 23-5134

Kenan Allen v. Louisiana

Lower Court: Louisiana
Docketed: 2023-07-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment civil-rights constitutional-supremacy discrimination due-process federal-preemption jurisdiction jurisdictional-barriers standing state-law
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. ) Whether this Han arable United States Supreme Court, pursuant Article III, once raised, is duty-bound to address the lower state court's deliberate transgression of jurisdictional barriers imposed by lire Constitution of tire United States pursuant die 14th Amendment?

2. ) "Must " the issue of "jurisdiction be investigated and resolved once raised by one of the petitioning party(ies) to the litigation?

j.) Whether, when jurisdiction to adjudicate is wanting in the lower state court forum due to the black-letter of the Constitution of the United States, federally-preempting state law, can the lower State Court forum legally transfer jurisdiction to this Honorable United States Supreme Court, for a merit determination of the underlying claims or must jurisdiction be satisfied first?

4. ) Whether (he lower transferring State Court, while lacking jurisdiction to adjudicate, (due to the challenged judgment being the by-product of federally-preempted state law(s)), evade satisfying itself on the issue of Federal-Preemption of State law before attempted to reach other judgment?

5. ) Does Jurisdiction of the lower State Court becomes tainted by operation of Constitutional Amendments which forbade all State Legislatures from enacting certain types of law's? li.e. No state shall make or enforce any lav/ which shall abridge the privileges and immunities of the Citizens of the United States within their jurisdictions) When State Legislators openly declared:any?

6. ) Whether an enforceable judgment can constitutionally arise out of application of Federally- Preempted State Laws, being used to deprive a person, recognized as enjoying substantive constitutional protections from the existence and operation of federally-preempted state laws?

7. Can the State District Court and Court of Appeals constitutionally invoke a State procedural Bar as the reason for declining to consider the Federal Preemption question in lipht of Ward v. Love County, 253 U.S. 17, 22; Staub v. Baxley, 355 U.S. 313, 318-320)?

Does the Question of Federal-Preemption go to the power of State Court over the subject matter of the controversy? JB.

9. Can the question of jurisdiction be waived?

bEferc "y "■*in ** °f

1L Does a claim of Federal Preemption of State Constitutional and State Statutory* provisions properly raise a pure Federal Question of Law?

12. When pure Federal Questions of Law are properly presented in plain view of die court below such State Courts at liberty to disregard such a question?

13. Are State Courts allowed, under die existing decisions of the United States Supreme Court, to reject claims of Federal Preemption of State Law's which were expressly prohibited to all States to enact by die Constitution of the United States? (i.e. laws purposely designed to discriminate on the basis of race, color and/or previous condition of servitude)are

14. Are Constitutional Articles and State Statutory Laws which are openly declared to and designed to discriminate against the negro on the basis of race, color and previous condition of Servitude, Federally Preempted from inception and void ah initio!

15. Because the IS'5', 14th and 15thAmendments of the United States Constitution and IS U.S.C § 242 prohibited discrimination or denial of rights, privileges, immunities on the basis of race color or previous condition of servitude, are State Actors obliged to give force to the federal provisions of law which allowed re-enslavement in violation of the United States

Question Presented (AI Summary)

Whether the lower state court's deliberate transgression of jurisdictional barriers imposed by the U.S. Constitution must be addressed

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-08-07
Waiver of right of respondent Louisiana to respond filed.
2023-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 18, 2023)

Attorneys

Kenan Allen
Kenan Allen — Petitioner
Louisiana
Bradley Michael ScottOrleans Parish District Attorney, Respondent