Constitutional Attack on State Guarantors Citing Sovereign Immunity to Avoid Legal Challenge by Alleged Borrowers

Hi:

I'm involved in a pro se appeal to the Federal Appellate Court, 2nd District, regarding a Federal Court dismissal of my claim against a state guarantor of an alleged federal education loan based on states' sovereign immunity.

I have until February 6, 2012 to file my appellant brief.

My legal research thus far has enlightened me to the fact that the states' sovereign immunity "defense" in a federal loan environment is very fluid and almost arbitrary, bearing in mind the inherent contradiction of a state acquiescing to federal jurisdiction by becoming a guarantor for alleged federal student loans.

This unconstitutional juridical arbitrariness includes the states affirmatively -- in federal loan agreements etc and by ceding authority to the US Department of Education and all of the federal legal remedies that doing so naturally invokes-- waiving sovereign immunity at the same time as they refute that they have sufficiently affirmatively ceded their sovereignty to invite Federal court jurisdiction over claims that fall squarely within a federal student loan environment.

The states' contradiction in this regard is particularly marked in my case, since the state guarantor in question allowed the case to be removed from state court to federal court, further diminishing any claim of sovereign immunity.

There is, in my case, also the issue of the state guarantor invoking an Treasury Department offset of my IRS refund absent any proof of existence and/or validity of alleged indebtedness.

The only remedy that Federal law offers in the case of improper offset of IRS refunds is appeal to the state guarantor for adjudication of the challenge -- i.e. asking the Defendant to decide the case it is being prosecuted for.

This additional nexus of jurisdictions also raises substantive questions regarding the state's sovereign immunity claim.

These are very complicated issues, for sure.

My question/request, is: are there any attorneys or other legal scholars reading this or that anyone knows of who would be willing to either take on this appeal, either as lead counsel or, secondarily, as a legal support for me as I continue to prosecute this appeal pro se?

Obviously, this would be a pro bono gig.

However, on the plus side, this appeal is potentially substantive and broadly applicable enough to warrant national investigation, by the national press, and it deals with a timely and pervasive enough Constitutional issue for SCOTUS to potentially take an interest in it.

That issue is states' rights per states who affirmatively agree to become agents of the Federal government in the matter of guaranteeing alleged student loans, but who then claim sovereign immunity when challenged in the same courts they invoke on loan agreements etc for their misbehavior in their actions on behalf of the Federal government.

There are also substantive 6th Amendment issues to be investigated, the civil law environment nothwithstanding.

I will check back regularly to see if there are any interested responses, and I will respond in a timely fashion to anyone seeking more information about my case and/or requesting more personal contact details.

Thanks.