No. 25-5354

Michael Joshua Henderson v. Pamela Bondi, Attorney General, et al.

Lower Court: Second Circuit
Docketed: 2025-08-13
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights due-process eighth-amendment first-amendment marijuana-scheduling medical-necessity
Latest Conference: 2025-10-10
Question Presented (from Petition)

A. Whether this Court should overrule Gonzales v. Raich, 545 U.S. 4, 125 S.Ct. 2145 (2005) in this present day and time?

B. If so, whether in this present day and time, is the overly broad and vague definition that Marijuana "has no accepted medical use in treatment in the United States" and "a lack of accepted safety for use of the drug or other substance under medical supervision," in violation of the First Amendment of the United States Constitution, and if Petitioner failed to state a claim?

C. Whether the scheduling of Marijuana as a Schedule I, violates Petitioner's personal autonomy and bodily privacy rights under the Fourth and Fourteenth Amendments of the United States Constitution?

D. Whether the scheduling of Marijuana as a Schedule I, is subjecting Petitioner to cruel and unusual punishment, a deliberate indifference to the medical needs and a failure to protect, in violation of the Eighth Amendment of the United States Constitution?

E. Whether the scheduling of Marijuana as a Schedule I, violates Petitioner's rights and other third parties rights, under the Substantive Due Process, the Procedural Due Process and Equal Protection clauses of the Fifth and Fourteenth Amendments of the United States Constitution?

F. Whether Petitioner properly stated a claim upon which relief can be granted?

Question Presented (AI Summary)

Whether the scheduling of marijuana as a Schedule I substance violates constitutional rights and should be overruled in the present day and time

Docket Entries

2025-10-14
Petition DENIED.
2025-09-25
DISTRIBUTED for Conference of 10/10/2025.
2025-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2025)

Attorneys

Bondi, Pam, et al.
D. John SauerSolicitor General, Respondent
Michael J. Henderson
Michael Joshua Henderson — Petitioner