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I want to file a constitutional lawsuit.?

I want to file a constitutional lawsuit.? Topic: What is case law precedent
June 17, 2019 / By Deniece
Question: I'm aware of how expensive it is to hire a lawyer for this. Either by using my own money, or by getting the ACLU to take the case for me, I want to file a lawsuit to reverse a U.S. Supreme Court precedent. and don't tell me it's impossible because it's happened several times before (for example, Brown v. Board of Education........and Roper vs. Simmons..... SCOTUS precedents have been reversed before)............... I want to reverse the precedent, Rostker v. Goldberg (1981) and make it mandatory for women to register for selective service......so they are held to the same standards as men. My son is 18 so this lawsuit will be filed on his behalf. Just to gather a general understanding of the process......... the strategy is: start off at the District Court, then appeal the case to the court of appeals, then appeal to the SCOTUS. Because we have negative precedent, we are EXPECTING to lose at the district and appellate courts. Correct? then after we unsurprisingly lose, we appeal to the SCOTUS. If the SCOTUS agrees to hear our case, then our chances of winning are 50/50. Just to clarify: The court of appeals is REQUIRED to hear our case, while the SCOTUS is not. Correct? If we feel there was an error of law, then we have a right to an appallette trial. Right? What advice would you offer in this situation? Common: My son is the plaintiff. He's filing this lawsuit. the reason I mentioned my son's age is because men ages 18 to 25 are required to register for the draft. laughter: There IS a draft; it's called selective service. and have you ever heard of the 5th amendment's equal protection clause? men and women must have equal rights.
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Best Answers: I want to file a constitutional lawsuit.?

Calla Calla | 3 days ago
"What advice would you offer in this situation?" Drop it. The ACLU tried just two or three years ago to overturn Rostker v. Goldberg. The case was dismissed at District Court level, and no grounds for appeal could be found. You also have another problem. At the time there had been a little discussion of re-instituting the draft, but all such talk has now been dropped. As a result, I really can't see what grounds he would have to make a claim to standing. (And you can't file on his behalf - he is 18 and an adult and would have to do it himself) The Federal courts - especially the higher courts - simply do not expend their time on matters that are either legally moot or actually irrelevant. Given the current situation, where registering is a 30 second task online and there is no possibility of a draft, the issue is not one that the court will take up. Finally, even if by some chance you "did" get to SCOTUS, I see virtually no chance that such a case would prevail. In the last few years, the court has not shown any great eagerness to overturn the traditional deferrence to Congress omn military matters. Edit.... "Just to clarify: The court of appeals is REQUIRED to hear our case, while the SCOTUS is not. Correct?" No, not quite. When the District Court rules against you, you have the right to "file" an appeal with the relevant Circuit Court, setting out what you believe to be the District Courts errors in law. The overwhelming majority of such appeals are simply denied without comment by the Circuit Court. Once the appeal is denied you then have the right to file an appeal with the Supreme Court. Again, all but a tiny number of such appeals are denied without comment. Richard
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Calla Originally Answered: I want to file a constitutional lawsuit.?
"What advice would you offer in this situation?" Drop it. The ACLU tried just two or three years ago to overturn Rostker v. Goldberg. The case was dismissed at District Court level, and no grounds for appeal could be found. You also have another problem. At the time there had been a little discussion of re-instituting the draft, but all such talk has now been dropped. As a result, I really can't see what grounds he would have to make a claim to standing. (And you can't file on his behalf - he is 18 and an adult and would have to do it himself) The Federal courts - especially the higher courts - simply do not expend their time on matters that are either legally moot or actually irrelevant. Given the current situation, where registering is a 30 second task online and there is no possibility of a draft, the issue is not one that the court will take up. Finally, even if by some chance you "did" get to SCOTUS, I see virtually no chance that such a case would prevail. In the last few years, the court has not shown any great eagerness to overturn the traditional deferrence to Congress omn military matters. Edit.... "Just to clarify: The court of appeals is REQUIRED to hear our case, while the SCOTUS is not. Correct?" No, not quite. When the District Court rules against you, you have the right to "file" an appeal with the relevant Circuit Court, setting out what you believe to be the District Courts errors in law. The overwhelming majority of such appeals are simply denied without comment by the Circuit Court. Once the appeal is denied you then have the right to file an appeal with the Supreme Court. Again, all but a tiny number of such appeals are denied without comment. Richard

Alysa Alysa
My professional advice is forget the whole thing, you are seriously misinformed. First, neither you nor your son have any standing to even file a brief in a closed case. You weren't parties, you didn't file anything during the case's pendency, so you cannot do so now. We do not relitigate cases without legal cause, not just because someone doesn't like the outcome. Even if you could invent some theory of legal standing, what points of law will you ask the court of appeal to review? Remember, you would be restricted to those points of law in dispute in this case only, not a procedural error. Since you are not a party and can claim no damages, you could not possibly be entitled to any relief, much less a retrial of the issues. There is no chance of this ever approaching SCOTUS, nor would they even look at this case. Your remedies lie elsewhere - petitioning Congress is your primary avenue. If you have the courage of your convictions, your son should refuse to register on the basis of equal protection or discrimination or some federal issue. He still has no standing until he gets arrested and suffers some damages, but then you can litigate the precedent to your heart's content and actually have legal standing.
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Vester Vester
I'm not a lawyer, but I have studied environmenal law, so perhaps that is enough precedence for part of an answer. On occasion, the Supreme Court will hear a case directly out of district court, but when they do it is usually because it is something high profile or really important that has caught their attention. Generally, though, the case does have to go through the usual appeal process. Your chances of winning are not 50/50 - there is no way to calculate chances for that. It will depend on how well you argue your case. What you will have to show is that the law that requires only men to register is against the spirit of the constitution - all men are created equal and all.
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Roscoe Roscoe
Your son is 18 which means hw is an adult and he would have to file himself.Then whichever side that loses can take it to the Circuit Court of Appeals, which doesn't retry cases but rules on whether the actual trial was deficient or unfairly prejudicial. If that Court rules in your son's favor, the Prosecution can go to the Supreme Court or vice versa. The Supreme Court accepts very few cases and the wait for the hearing is very lon. The success of this case is far from guaranteed, even though you and your son have raised some very important issues.I would also advise you to speak to ACLU for advice and ask about their willingness to take the case. I wish you and your son a big victory
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Montgomery Montgomery
You can't file any such lawsuit because you don't have standing. Your son is 18, and therefore an adult. You cannot file any lawsuit in his name.
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Montgomery Originally Answered: Is it possible to win a defamation lawsuit if someone files a false EEO complaint against you?
To win a defamation suit: (1) What was said/written about you must be false. (2) The person making the false statements must know that the statements are false. (3) What was said was not opinion, but a claimed statement of fact. (4) You must have suffered a material loss. The first 3 seem pretty clear to me. The last one, I don't know your situation. Having to face a hearing is not typically a material loss. Losing your job, say, would be. Having seen this happen to my wife (who was a supervisor), I can tell you that it's typically best for a federal government supervisor to just let it go. That is, unless you really have suffered a loss.

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