http://www.wliao.150m.com/ http://wanxialiao.wordpress.com/Now finally it is the turn of the highest court, the Supreme Court of the United States, to show the true face of “American justice” – it used the same kind of unlawful and fraudulent means like that employed by the lower courts to deny my access to court by faking facts and law to refuse to file my petition.
On September 17, 2007, I sent a Petition for a writ of certiorari and motion to proceed in forma pauperis to the US Supreme Court (SCT). The court refused to file my petition and returned it to me on grounds “The petition is out-of-time.” The letter from the Clerk faked a “fact” that my petition was received by the Clerk’s Office on September 25, 2007, and reasoned that “the petition was due on or before September 23, 2007”.
1. My petition was received by the Clerk’s office of SCT on September 24, 2007, not on September 25, 2007. This is confirmed by Xpresspost USA of Canada Post that delivered the package for me.
2. By Rules of the Supreme Court, the last day of the 90 calendar days for me to file the petition was September 23, however, that was a Sunday. Then the deadline was the next Monday, which was September 24, 2007. This is because the Rule 30 of the Supreme Court stipulates:
“1. In the computation of any period of time prescribed or allowed by these Rules, by order of the Court, or by an applicable statute, the day of the act, event, or default from which the designated period begins to run is not included. The last day of the period shall be included, unless it is a Saturday, Sunday, federal legal holiday listed in 5 U. S. C. § 6103, or day on which the Court building is closed by order of the Court or the Chief Justice, in which event the period shall extend until the end of the next day that is not a Saturday, Sunday, federal legal holiday, or day on which the Court building is closed.”
So the last day of this 90 day period shall be September 24, not September 23, and my petition arrived on time.
3. My petition was timely filed also because it was deposited in express mail, postage prepaid, and bears a postmark, showing that the document was mailed on September 18, 2007, which was before the last day of filing - September 24, 2007. By Rule 29 of the SCT, as long as a document is sent to the Clerk by first-class mail (including express or priority mail), postage prepaid, and bears a postmark, other than a commercial postage meter label, showing that the document was mailed on or before the last day for filing.
On October 12, 2007, I sent a letter to the clerk to clarify these facts. I sent the same letter again on October 19, 2007. Since there was no response to my letters, I called the clerk, Gail Johnson twice but all my messages were never returned. I re-sent my petition with a declaration of mailing to the SCT, but on November 27, it was returned to me again “for the reasons stated in prior correspondence from this office”.
Apparently, the issues that I presented in my petition are so significant in revealing the racist nature of the “justice” in US towards racial minorities, the Supreme Court of US prefers to hid its endorsement of all the injustice in this case, even by such shameful ways. This American justice system and this American government, from the very top to bottom, have no sense of decency in oppressing racial minorities by any means possible. When it comes to deal with racial minorities who are in conflict with the individual Whites, particularly those minorities who do not belong to a politically powerful group, even the highest court of US does not play by rules, and can do anything most indecent and despicable for their “white justice”.
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