I just lost in the Second Circuit in a ruling that said my claim is barred
by the 11th Amendment.
Here is the decision.
Can anybody help. Can I file for Cert.
Sam Sloan
noon8window.pdf (36 Bytes)
Sam,
If they said you "lost" on Eleventh Amendment grounds, that seems incorrect (maybe that was just your term, I haven't read the opinion in detail). The amendment reads,
"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."
They can't legitimately claim that they have no jurisdiction, and simultaneously rule against you!
Per some of the other language in the ruling however, it is a shame that you didn't establish and stand on your identity as a Libertarian:
Sloan challenges the composition of the State and City Board on the ground that including
only Republicans and Democrats on the Boards violates the Equal Protection Clause. As the District
Court reasoned, Sloan lacks standing to bring this claim because he fails to allege that he was part of
“the disadvantaged group.” Able v. United States, 88 F.3d 1280, 1291 (2d Cir. 1996) (internal
quotation marks omitted). More specifically, because Sloan claims that he was a Democrat and then
a Republican, and thus was not a member of any of the independent and minority parties who lack
representation on the elections boards, he fails to allege an injury likely to be “redressed by a
favorable decision” here.
Nevertheless, thanks for trying to stand up for fair elections. Unfortunately I don't know the legal system well enough to offer any advice on how to proceed. If you do pursue it further, good luck,
Love & Liberty,
((( starchild )))
Their 11th Amendment statement is a mystery. I cannot understand how the
11th Amendment is involved.
I did in fact state during oral argument that I had also run as a
Libertarian. They simply ignored this point.
Thank you for looking at the courts decision and for your remarks.
This decision seems to slam the door to a variety of suits now pending
before the courts unless it is overturned.
Sam Sloan