Jacob Bellinsky v. Rachel Zinna Galan, fka Rachel Bellinsky
DueProcess JusticiabilityDoctri
1. Whether 28 U.S.C. § 1446(d), which provides that removal "shall effect "
federal jurisdiction and that state courts "shall proceed no further, " divests state
courts of authority to enter custody or relocation orders after a notice of removal is
filed and served, rendering post-removal orders void unless and until a federal court
remands, as reaffirmed in Acevedo Feliciano.
2. Whether the Due Process Clause permits a judicial officer to adjudicate
parental-rights proceedings while simultaneously defending personal-capacity
federal civil-rights claims arising from the same underlying dispute, creating an
unwaivable structural conflict under Tumey, Caperton, and Williams.
3. Whether the Fourteenth Amendment permits state courts to apply
procedural or doctrinal frameworks in parental-rights proceedings that allow
preserved jurisdictional and structural due-process objections to go unadjudicated,
thereby subjecting the fundamental parental liberty recognized in Troxel v.
Granville to diminished constitutional protection in contrast to the protections
afforded other fundamental rights, and rendering that liberty insufficiently
enforceable as a matter of federal constitutional law.
Whether Colorado's application of its anti-SLAPP statute to dismiss defamation claims violates the First Amendment and due process rights of private parties in disputes involving matters of public concern