IN THE
Supreme Court of the United States
PAUL MASON,
Petitioner
v.
TOMMY G. THOMPSON, Secretary of Health and Human Services; BERNARD A. SCHWETZ, D.V.M., PhD, Acting Principal Deputy Commissioner of the U. S. Food and Drug Administration,
Appellees
On Petition For Writ Of Certiorari
To The United States Court of Appeals For the Ninth Circuit
PETITION FOR WRIT OF CERTIORARI
Paul Mason, PRO SE
P. O. Box 1417
Patterson, CA 95363
Tel. (408) 897-3023
THE QUESTION PRESENTED
The FDA assisted by DOJ blundered at FDA’s inception in 1930, destroying the American mineral water industry without any scientific justification, resulting in about 10 million deaths 1930-2001 from heart disease; FDA and DOJ have refused to admit or correct their mistake, despite numerous scientific studies from the NAS and other scientific authorities. The District Court noted that the deaths “may exceed the Holocaust.”
Did the Food and Drug Administration, U. S. Department of Health and Human Services, District Court, Appeals Court, and the U.S. Department of Justice violate the Bill of Rights Fifth Amendment guarantee against “deprivation of life without due process of law” by perpetuating as many as 150,000 deaths per annum (about 10 million deaths since 1930) in an archetypical bureaucratic cover-up?
TABLE OF CONTENTS
The Question Presented i
Table of Authority iii
Opinions Below 1
Jurisdiction 1
Constitutional and Statutory Provisions Involved 1
Statement of the Case 2
Compelling Reasons 3
Conclusion 4
Index to Appendices 5
Appendices 7
TABLE OF AUTHORITY
CONSTITUTIONAL PROVISION
Bill of Rights, Amendment V of the Constitution
OPINIONS BELOW
The Unpublished opinion of the United States Court of Appeals appears at Appendix A. The Unpublished opinion of the United States District Court appears at Appendix B.
JURISDICTION
The date the United States Court of Appeals decided petitioner’s case was March 22, 2001. No petition for rehearing was filed in petitioner’s case. The jurisdiction of this Court is invoked under 28 U.S.C. § 1254(1).
CONSTITUTIONAL AND STATUTORY
PROVISIONS INVOLVED:
Bill of Rights, Amendment V of the Constitution
STATEMENT OF THE CASE
Alone among the nations of the world, the U. S. Government’s Food and Drug Administration and the Department of Justice destroyed the American mineral water industry in 1930 (Appendices C, D, E), so that American bottled waters now average about 10% as much magnesium content as do bottled waters in the rest of the world (Appendices F, G). This suppression of the American mineral water industry at the very inception of the FDA was made without any scientific studies, in response to naive notions of “purity” in that benighted era. The resulting national deficiency in dietary Mg has caused vast deaths—possibly as many as 10,650,000 deaths since 1930, projecting the figures from the 1977 report of the Safe Drinking Water Committee of the U. S. National Academy of Sciences (Appendix H), which cited over 50 studies from nine countries. Many other studies confirmed that Mg-deficiency is correlated with heart disease, or causes heart disease, and that Americans are Mg-deficient. (Appendices I, J, K, L). After causing vast numbers of deaths from heart disease on a genocidal scale, the FDA and DOJ, in an archetypical bureaucratic cover-up, have sought to deny and ignore the deaths, and have taken refuge behind the Administrative Procedures Act, arguing that FDA is better equipped than the courts to evaluate FDA’s own blunder. (Appendix M-DOJ’s argument).
Petitioner has standing as a remaining remnant of the once mighty U. S. mineral water industry that existed in 1900, which was destroyed by FDA and DOJ in 1930. Petitioner also has standing because defendants caused the deaths of more than 2% of petitioner’s friends, relatives, neighbors, co-workers, and fellow Americans by depriving them of the natural Mg found in hard water a historic source of human nutrition.
The District Court ruled that although the Mg-deficient-water deaths “may over time exceed the Holocaust”, these deaths are a “political” problem, not a judicial problem; thus summary judgment and Dismissal. The Appeals Court affirmed. The District Court further admonished petitioner to institute a program of “public education” instead of litigation; petitioner affirms that he has exhausted both himself and his finances trying to counter 70 years of propaganda by FDA against mineral water. Nor has any politician publicly spoken about the Mg-deficiency deaths, despite numerous requests by petitioner. Thus the District Court’s admonition is not practical.
COMPELLING REASONS
This case is similar to the Dredd Scott case, in that it involves a Crime Against Humanity perpetuated by the government. Whereas the Dredd Scott case led to Civil War costing about 500,000 lives, the present case has already involved as many as 10 million deaths. If the court chooses not to address the Mg-in-water issue, the deaths will continue at a rate about equal to the Viet Nam War’s 60,000 deaths every 145 days. If all legal recourses become exhausted, the only remaining timely way to save millions of American lives may be the John Brown approach. While Petitioner is not willing to make the same sacrifices that John Brown made, it is more than obvious that there are many individuals willing to lay down their lives to save millions of Americans; police, firefighters, and soldiers sacrifice their lives every day to save Americans.
The FDA, Dept. of Health, and the Dept. of Justice are all part of the Executive Branch of government that originated and perpetuated this Crime Against Humanity. It is the Constitutional province of the Judicial Branch, and this Court in particular, to act as a Check and Balance on the Executive Branch, to stop this unconstitutional “deprivation of life without due process of law.”
CONCLUSION
This Petition for a Writ of Certiorari should be GRANTED.
DATED: June 5, 2001
Respectfully submitted,
Paul Mason, Petitioner pro se
