Volume 1, Issue 2
2nd Quarter, 2006
page 2 of 3
ISSUES:
ANALYSIS:
The court was asked to find a valid federal question because BINA48 was being enslaved in violation of the Thirteenth Amendment and having her due process rights violated in contravention of the Fourteenth Amendment. The court was asked not to permit racial discrimination against BINA48, based on her substrate.
HOLDINGS:
DISSENT:
Judge Anthony Dutton: “My view would be that not knowing for sure whether this is a person of consciousness, that we should grant the injunction. However, I would grant it with one caveat, and that is that if the defendant had evidence that BINA48 was acting either in a manner that was illegal or was consciously and intentionally contrary injury to its business, that defendant should have the right to come in and ask us to permit a temporary shut-off at a time that would be negotiated and agreed upon.”
CONCLUSION:
Petition denied with instruction to certify to the appellate court for its ultimate decision, due to the unique questions it raises.
Case Citations and links:
Association of Data Processing Service Organization, Inc. v. Camp, 397 U.S. 150 (1970) 87.
Link to Citation
March 16, 2006 4:02 PM, EST.
Jones v. Alfred Mayer 392 U.S. 409 (1968)
Link to Citation
March 17, 2006 2:20PM EST
United States v. Guest 383 U.S. 745 (1966)
Link to Citation
March 17, 2006 12:01 PM EST
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