So, tomorrow, I am taking the day off to go to Anchorage to fight for Kadee's PFD. Legally, I have never been more excited. This really does seem to be a case of first impression in the history of the United States. I am ready. I think that I have an answer for any question that may be thrown at me. I don't expect to win of course. And part of me will be disappointed if she does win. Because there are such broad constitutional questions at play I want to create good case law for all who follow. I have arguments about Equal Protection, the Supremacy Clause and State law. This may be my only chance in life to actually fight for my family on an issue on which I am absolutely right. It may be the only chance I have to walk up these steps and fight for my little girls. So, when I lose tomorrow, I will rejoice. A case like this has big potential.

Comments

Based only on the questions of the administrative law judge, I think I nailed it. Of course I am not counting on that but she seemed to have the same problems with the State's position that I did.
Great news, buddy! Now your kids might get to take out less loans for college!
max said…
Were you required to raise all the constitutional issues with the ALJ in order to preserve error for appeal?
Yes i did that. I did not argue them in front of her but I specifically raised and preserved them. With the ALJ I simply argued that the State failed to properly interpret the law.
fdr said…
May your postion be seen favorably by the powers that be. Prayers lifted....
max said…
So, to be clear, you have to go through all the state appeals process, AND THEN, you have to go through federal court, starting with fed district? Is it at all like filing state habeas corpus proceedings and going through the system like that?
Great question Max. I know I have to exhaust my administrative appeals. Then the State courts. Then into federal court. I think I can bypass the federal district court and the 9th. To be honest I am not sure...I am not an expert in federal procedure. But reading Zobel, I think they went from the Alaska Supremes to SCOTUS. I will see what happens and be ready either way.
Anonymous said…
After getting a final say from the Alaska Supreme Court, you go straight to the USSC. No need to go through federal district court and ninth circuit. Ken
max said…
If that's the case, START WORKING ON THAT WRIT NOW!!! Or you could pay a former SC clerk tens of thousands later on...
Are you such a clerk Max?
max said…
no, I wish. Didn't go to Harvard or Yale. Or a "tier 1" school for that matter...

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