Barry Michaels vs. Loretta Lynch, Attorney General (suceeded by Jefferson B. Sessions, succeeded by Matthew Whittaker)
Jun 27, 2018OUTCOME: Writ of Certiorari and Motion to Substitute Rod Rosentein as Acting A.G. denied by SCOTUS
Civil Rights case initiated by The Law Offices of Michael E. Zapin in the U.S. District Court of Nevada, appealed to Ninth Circuit Court of Appeals, and Writ of Certiorari to the United State Supreme C ... ourt. Putative class action case filed on behalf of millions of law-abiding non-violent felons to have their fundamental Second Amendment right to bear arms in defense of hearth and home restored. The case took on modest national prominence during SCOTUS proceedings (Writ of Certiorari filed) on a secondary legal issue that was brought before the high court on a "motion to substitute" Rod Rosenstein (former Deputy Attorney General) in place and instead of Jefferson B. Sessions - in stark contravention of President Donald J. Trump's temporary appointment of Matthew G. Whittaker. Joined by the prominent constitutional law firm of Goldstein & Russell, PC, plaintiff Michaels argued that President Trump's appointment violated a succession statute (28 U.S.C. 508(a) that should have rightfully (statutorily) unseated Whittaker for Rosenstein to take his lawful place. Motions to Substitute Parties are typically garden-variety and routinely granted by courts. However, the ramifications of SCOTUS granting such relief in this instance would have had consequences well beyond the parties to the lawsuit before it. the motion was summarily denied and was the Writ of Certiorari. Notable citations and media: https://casetext.com/case/michaels-v-lynch https://www.nytimes.com/2018/11/16/us/politics/supreme-court-whitaker-attorney-general.html https://www.scotusblog.com/case-files/cases/michaels-v-whitaker/
