Petitions of the Week
By Andrew Hamm
on January 29, 2021
at 5:13 pm
This week, we’re highlighting certification requests asking the Supreme Court, among other things, to consider whether the draft is unlawful gender-only discrimination and whether law enforcement can compel testimony in the form of a phone passcode.
The Act on Selective Military Service requires men, not women, to register for the draft. In Rostker v. Goldberg of 1981, the Supreme Court upheld the law before a challenge of gender discrimination, as women were categorically prohibited from serving in combat roles at the time. The Ministry of Defense lifted the ban on women fighting in 2013. The National Men’s Coalition Against the Selective Service System is challenging the male-only draft as Rostker’s reasoning no longer applies to the modern military. The petition also argues that Rostker himself was wrongly ruled because the Supreme Court “ultimately justified sex discrimination by referring to another rather than examining whether the prohibition on fighting was itself discriminatory”.
Robert Andrews is a New Jersey police officer who was investigated for allegedly providing information about a drug investigation to the suspect. Investigators confiscated Andrews’ phones but were unable to unlock the phones to access the data. Officials requested a discovery warrant to compel Andrews to reveal his passwords. Andrews argued that doing so would violate his Fifth Amendment against Self-Blame. The New Jersey Supreme Court ruled that a passcode, comprised of a series of characters, was “minimal testimony” for which the state could and had to defeat the constitutional protection by proving that the phones belonged to Andrews. The Andrews v. New Jersey petition asks the judges to weigh up.
Finally, US Citizenship and Immigration Against the City and County of San Francisco, California, is another challenge to the Trump administration’s so-called “public indictment”. The rule interprets a provision in the Immigration and Citizenship Act that states that an immigrant may be denied a green card if, in the opinion of the Homeland Security Secretary, the person is likely to become dependent on government assistance. In 2019, the Department of Homeland Security expanded the government’s determination to temporarily take advantage of benefits such as Medicaid, grocery stamps, and government housing benefits. Local governments and immigrant rights groups have challenged the rule. The Supreme Court has resubmitted petitions on similar cases, Department of Homeland Security v New York and Wolf v Cook County, Illinois.
These and other petitions of the week are listed below:
Broadway versus United States
Problems: (1) Whether courts will respect the verdicts commission’s comment in expanding the scope of the sentencing guidelines; and (2) whether the rule of forbearance and due process preclude consideration under Stinson versus United States when a comment on a condemnation policy would increase a sentence.
Fry v. Rand Construction Corp.
Problems: (1) Whether the lower court made a mistake in essentially conflicting with the Supreme Court’s involvement in establishing an essentially “sole reason” standard for a “but-for-reason” Burrage versus United States and Bostock v Clayton County;; and (2) whether the correct causality standard for petitioner Arlene Fry’s claim under the Family and Sick Leave Act is just a motivational factor or a negative factor.
Holland versus Westmoreland Coal Co.
Problems: (1) Whether the exception to the Anti-Injunction Act in the South Carolina versus Regan – in which the Supreme Court ruled that the AIA did not prevent South Carolina from filing an original jurisdiction suit with the Supreme Court to challenge the 10th Amendment to Personal Income Tax – is available to debtors who want to avoid paying a tax for reasons unrelated to the validity of the tax; and (2) ob Law on Health Benefits for Pensioners in the Coal Industry Rewards are “any tax” protected by the Anti-Injury Act.
Jackson v. Hudson
Disclosure: Goldstein & Russell, PC, whose lawyers contribute to SCOTUSblog in various functions, advises the petitioner in this case.
problem: If 28 USC § 2255 – which enables a person in federal custody to question the legality of their imprisonment by filing an application after the conviction and an application for the issuance of a habeas corpus brief 28 USC § 2241 If the legal remedy under section 2255 is “insufficient or ineffective to examine the legality of his detention”, it is “inadequate or ineffective” if, at the time of the petitioner’s first application under section 2255, a precedent preceded a potential claim, that precedent however, has since been overridden by the Supreme Court.
National Coalition for Men Against Selective Service System
problem: Whether the Supreme Court should override the decision in light of the Defense Department’s lifting of the ban on women in combat Rostker v. Goldbergwho upheld the male-only draft because women were categorically prohibited from serving in combat roles at the time and believed that the state requirement that men, but not women, register for selective service was appropriately authorized 50 USC § 3802 (a)violates the right to equal protection guaranteed by the fifth amendment.
Andrews versus New Jersey
problem: Whether the self-accusation clause of the fifth amendment protects an individual from being forced to recall and truthfully disclose a stored passcode, submission of the passcode can lead to the discovery of incriminating evidence that is intended to be used in a prosecution.
U.S. Citizenship and Immigration Service v San Francisco City and County, California
Problems: (1) Whether companies that are not subject to public inadmissibility are included in 8 USC § 1182 (a) (4) (A)and aiming to expand the use of benefits by foreigners who may be subject to this provision are eligible parties to contest the final rule that a foreigner is “ineligible” if “in the opinion of the foreigners [Secretary of Homeland Security] at the time of the application for approval or adjustment of status, [the alien] is likely to become a public charge at any time ”; and (2) whether the final rule is likely to be illegal or arbitrary and capricious.