No. 23-6380

Noel Austin v. Tim Hooper, Warden

Lower Court: Louisiana
Docketed: 2023-12-28
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-amendment due-process federal-preemption jurisdiction jurisdictional-barriers standing state-law supreme-court-review
Latest Conference: 2024-02-23
Question Presented (from Petition)

1. ) Whether this Honorable United States Supreme Court, pursuant Article III, once raised, is duty=hound to address the lower state court's deliberate transgression of jurisdictional barriers imposed by the Constitution of the United States pursuant the 14* Amendment?

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

3. ) Whether, when jurisdiction to adjudicate is wanting in the lower state court forum due to die 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 the 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 any 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 laws? (i.e. No state shall make or enforce any law which shall abridge the privileges and immunities of the Citizens of the United States within their jurisdictions) When State Legislators openly declared their intent to disregard certain portions of the Federal Constitution?

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 light of Ward v. Lave County, 253 US. 17, 22; Staub v. Baxley, 355 U.S. 313, 318-320)?

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

9. Can the question of jurisdiction be waived?

10. Can the question of jurisdiction be raised at any time, before any court in light of Seaboatd Air Line Co. v. Daniel, 333 U.S. 118, 122-123?

11. 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 property presented in plain view of the court below, are such State Courts at liberty to disregard such a question?

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

14- Are CanstitutianaiArtides and State Statutory Laws whic designed to discriminate against the negro on the basis of race, color and previous condition of Servitude, Federally Preempted from inception and void ab initio ?

15, Because the 13th, 14* and 15* Amendments of the United States Constitution and 18 U.S.C § 242 prohibited discrimination or denial of rights,

Question Presented (AI Summary)

Whether the lower state court's deliberate transgression of jurisdictional barriers imposed by the 14th Amendment should be addressed

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2023-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2024)

Attorneys

Noel Austin
Noel Austin — Petitioner