Cert Denied

Article III Section 2 of the Constitution provides that the Supreme Court (SCT) "shall have appellate jurisdiction, both as to Law and Fact, with such exceptions, and under such regulations as the Congress shall make". The "shall" of Article III Section 2 is replaced by the "may" language of 28 USC 1254 and 1257 i.e, the Constitutional provision which guarantees the hearing of appeals is left to the discretion of judges, and the roles of the legislature and judiciary are reversed. The SCT, not the legislature, now tells us when it does or does not have jurisdiction to hear appeals. Sections 1254 and 1257 are unconstitutional on their face because they confer the legislature's contitutional powers to the SCT. Since no statute of Congress can confer constitutional powers, there is a constitutional right to review in the SCT, and it is a violation of the Equal Protection Clause to allow the SCT to pick and chose cases for review.

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