Supreme Court of the United States
ON PETITION FOR A WRIT OF CERTIORARI TO THE SUPREME COURT OF TEXAS
PETITION FOR A WRIT OF CERTIORARI
THE CRUX OF THE MATTER This case is not fundamentally about property taxation. Nor is it solely about appraisal methodology, overvaluation, or administrative error. At its constitutional core, this case presents a structural question of national importance: Whether a State may design procedural architecture such that federal constitutional claims are never heard by any tribunal possessing authority to grant meaningful relief. If that is permissible, constitutional rights become contingent not upon supreme federal law, but upon state procedural design. That result is incompatible with Article III, the Supremacy Clause, and the Due Process Clause. Texas created a constitutional architecture of non-adjudication.
QUESTIONS PRESENTED 1. Whether the Supremacy Clause permits a State, through a statutory “exclusive remedy,” to route a federal constitutional claim into an administrative tribunal that has no power to grant the relief the claim requires, so that the claim can never be adjudicated in any forum and the responsible state official is, in effect, immunized from federal law.
2. Whether a State’s “exclusive remedy” property-tax statute may bar an owner’s federal takings and due process challenge to a mass-appraisal method that the State’s own law makes mandatory, where the designated administrative forum cannot adjudicate the federal claim or grant the prospective relief sought.
Click this word CERTIORARI to read more.
file:///home/justice/Downloads/Vexler_SCOTUS_Cert_Petition_DRAFT+for+Solicitor+General+Sauer+P.pdf
No comments:
Post a Comment