Petition for Writ of Certiorari — Saria Walker, Petitioner v. Scientific Alloys Corp., et al.

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No.

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IN THE

SUPREME COURT OF THE UNITED STATES

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FILED

AUG 0 8 2023

i5pREMEFr™

— PETITIONER

(Your Name)

vs.

un'tVM StoksPDft RESPONDENT(S)

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ON PETITION FOR A WRIT OF CERTIORARI TO

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(NAME OF COURT THAT LAST RULED ON MERITS OF YOUR CASE)

PETITION FOR WRIT OF CERTIORARI

SoYVL [fJaW^tY

(Your Name)

WOO foUtti IA

(Address)

"TaHiots,

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sc aoiioin

(City, State, Zip Code)

(Phone Number)

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QUESTIONS(S) PRESENTED

1.) Is there other safer Alternatives now Available other than Dental Amalgam?

2.)ls Mercury a product you would want in your mouth as a citizen ?

3.

Did it Occur that if something is toxic to the environment and to the touch and air

that it would most indefinitely be toxic in the mouth of citizens ?

4.

Is this product being advertised properly to third party consumers who cannot

adhere to the label that states its a poison ?

5.

Does Mercury cause people to develop the symptoms being advertised in this

product for the 5 groups of high- risk individuals such as neurological impairment ect

. ?

6.

Is this product toxic like LEAD due to similarities of the way it affects citizens'

health and the environment ?

7.

Do the Goverment Representatives value money they save using this

product over the health of citizens?

8.

Can Government Representatives choose to falsely advertise a product as safe

based on their personal feeling which is NOT the law or Constitutional when it's

scientifically proven to be toxic to humans and the environment ?

9.

Would citizens choose to put this in the mouth of their children or themselves if

they could see the label for themselves that has a skull and bones and labeled it as a

poison ?

10.) Would you produce a poisonous toxic product to be put in the mouth of

a

third party consumer when you know they will not be able to see the label

firsthand all for the sake of revenue ?

11.) Would you agree that mercury is harmful not limited to only certain group of

population but everyone who comes in contact with mercury ?

12.) Do High - Risk population stated in the FDA warnings mean people that are AT

HIGH RISK TO show signs of mercury poison ?

LIST OF PARTIES

[ ] All parties appear in the caption of the case on the cover page.

[v/a11 parties do not appear in the caption of the case on the cover page. A list of

all parties to the proceeding in the court whose judgment is the subject of this

petition is as follows:

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Petals, related cases D\v Dental Trcp-t^

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TABLE OF CONTENTS

1

OPINIONS BELOW

JURISDICTION

9-

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

3

STATEMENT OF THE CASE

4-

REASONS FOR GRANTING THE WRIT

n

■«

CONCLUSION

INDEX TO APPENDICES

appendix A Decision

APPENDIX BDec\SV0r»

APPENDIX C Fa IS*,

of Federal O s>

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APPENDIX D L-ead and (Wecort^ s/unWar haz.asrdoo'S

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Filings (medical record)

TABLE OF AUTHORITIES CITED

CASES

PAGE NUMBER

_City ofAustin v. Reagan Nat. Advertising ofAustin, LLC, 596 U. S.

(2022) 4t2cf(,

Columbia v. Omni Outdoor Advertising, Inc., 499 U. S. 365 (1991)

_Hunt v. Washington State Apple Advertising Comm’n, 432 U. S. 333 (1977)

□ Department ofHomeland Security v. Thuraissigiam,___U. S.

□ Knick v. Township of Scott,___U. S.___ (20

(2020)

#25c

)

□ Retirement Plans Comm, ofIBM v. Jander,___U. S.___ (2020) (per

curiam)

*Manufacturing Co. v. United States, 17 Wall. 592 (1873)

4A21 Q

*Railroad Co. v. Manufacturing Co., 16 Wall. 318 (1873)

AF 3oD

*Attorney General v. Federal Street Meeting-house, 1 Black 262 (1862)

STATUTES AND RULES

15 U.S. Code § 54 - False advertisements

O

15 U.S. Code § 52- Dissemination of false

advertisements

* Federal Hazardous Substances Act

OTHER

IN THE

SUPREME COURT OF THE UNITED STATES

PETITION FOR WRIT OF CERTIORARI

Petitioner respectfully prays that a writ of certiorari issue to review the judgment below.

OPINIONS BELOW

[ ] For cases from federal courts:

The opinion of the United States court of appeals appears at Appendix $£>_to

the petition and is

[\/f reported at

~~7 ft

; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

The opinion of the United States district court appears at Appendix

the petition and is

to

1

reported at

a

; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

[ ] For cases from state courts:

The opinion of the highest state court to review the merits appears at

Appendix_____ to the petition and is

[ ] reported at

J or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

The opinion of the _

appears at Appendix

court

to the petition and is

[ ] reported at

; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

1.

JURISDICTION

[ ] For cases from federal courts:

The date on which the United States Court of Appeals decided my case

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was

[vKNo petition for rehearing was timely filed in my case.

[ ] A timely petition for rehearing was denied by the United States Court of

Appeals on the following date: ____________

, and a copy of the

order denying rehearing appears at Appendix

[ ] An extension of time to file the petition for a writ of certiorari was granted

to and including______

(date) on

(date)

in Application No. __ A

The jurisdiction of this Court is invoked under 28 U. S. C. § 1254(1).

[ ] For cases from state courts:

The date on which the highest state court decided my case was

A copy of that decision appears at Appendix_______

[ ] A timely petition for rehearing was thereafter denied on the following date:

--------------------------------- , and a copy of the order denying rehearing

appears at Appendix

[ ] An extension of time to file the petition for a writ of certiorari was granted

to and including____

(date) on

(date)in

Application No. __ A

The jurisdiction of this Court is invoked under 28 U. S. C. § 1257(a).

a

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

. 21 U.S. Code Chapter 9

. 15 U.S. Code S 54

. 15 USC Ch. 30

• Federal Hazardous Substances Act

. Federal Trade Commission Act fiR U.S.C. § 41-58)

• Lanham Act (15 U.S.C. §§ 1051-1120)

• Fair Packaging and Labeling Act fi.R U.S.C. §§ 1451-1461)

. Federal Food Drug, and Cosmetic Act (21 U.S.C. § 301399a}

.

28 U.S. Code § 453 - Oaths of justices and judges

3

STATEMENT OF THE CASE

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The basis of what led to my personal discovery that this product is harmful to

me according to my own research and the intentions of the people mentioned andean

be founded as frivolous in the eyes of the law and that particular part of my case can

be dismissed as frivolous and the basis of my research was quite irrelevant on my

part to include in my lawsuit and wasnt intended to be the foundation of the problem i

was inquiring about or the issue for which i brought forth relief to the court i asked for

relief based on the FACTS of this case and my symptoms/ injuries sustained and the

harm to others that are unaware of the symptoms because its being falsely advertised

to us third party consumers as safe when its posion my injuries is NOT frivolous and

founded on real facts and science and CANNOT be labeled as frivolous according to

the law the defendants is liable and so is the FDA both parties are responsible for

Distributing this product to Dental offices even though there is more safer options

now this product is being distributed and FDA approved it to be safe to citizens which

are third party consumers and are NOT aware that the original packaging has skull and

bones and labeled a POISON and the FDA state in their website that “ Some people are

“HIGH-RISK” mercury is a toxican / Poison and is NOT a high risk to a certain group

but is a danger to ALL people who consume/ contact it ; Why would any “Competent “

well educated person acting under the color code think its “safe" to put mercury in a

child or Adult mouth and deem it safe if the package has Posion and Corrisive on

the label? Anyone who dont see a problem with this case is incompetent to oversee

common sense matters that relate to the safety of citizens lives and upholding our rights

and are violating the oath and bonds to protect its citizens. It shouldn't have to be

explained why this product should be BANNED ! Any logical responsible functioning

person with common sense would agree to ban DENTAL AMALGAM and protect its

citizens from unnecessary exposure to mercury which is toxic to human safety

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There is a Factual basis that cannot be legally denied that mercury is poisonous just like LEAD

and it lead to LEAD POISONING this is the same kind of product The federal government

banned lead paint in public housing in 1971 due to signs and symptoms such as fatigue,

irritability, and pain begin to appear Most people with lead poisoning and it don't

present any symptoms at all, resulting in the vast majority of cases going undiagnosed

this product is similar and their a such thing as MERCURY POISONING - it is toxic and harmful

to the human body it occurs when your body is exposed to too much mercury; mercury is a

type of elemental metal found in earth's crust that's toxic to humans its found in thermometers (

which are BANNED due to toxicity) street lights , and fluorescent lights there is THREE forms

of mercury Poison

1. Elemental Mercury - which is found in DENTAL FILLINGS , thermometers (WHICH

ARE BANNED BY FDA IN September 30,2008 BECAUSE IF THEY BREAK THEY

ARE TOXIC to the AIR ), electrical switches ,and fluorescent light bulbs

2. Inorganic Mercury - batteries , certain types of disinfectants and in chemistry lab

3. Organic Mercury - in coal fumes , fish that ate methylmercury( a form of organic mercury

) and older antiseptics ( germ killers like red mercurochrome )

How does mercury affect the body ? Your body will negatively react if you eat, touch or

inhale mercury once inside your body mercury travels to your heart, central nervous

system and kidneys your body knows that mercury is NOT suppose to be there so you'll

experience symptoms caused by your immune system trying to get the compound out in

the same way it would attack bacteria or germs

Elemental Mercury Poisoning Symptoms -Elemental Mercury is extremely dangerous if you

breath it in and it gets into your lungs often elemental mercury becomes airborne if someone is

trying to clean up a mercury spill the mercury will evaporate and can contaminate the

surrounding air and become toxic to humans and wildlife ( DENTAL FILING create VAPOR

which is what makes us sick)

Symptoms of elemental mercury poisoning occur immediately after inhaling the

chemical include

• Coughing

• Trouble breathing

• Metallic taste in your mouth

• Nausea or Vomiting

• Bleeding or Swollen Gums

• Headache

• Vision problems

• Eye Irritation

• Chest Pains

What causes mercury Poison ?

• Inhaling mercury vapor ( small droplets of mercury that become airborne and enter your

lungs)

• Eating seafood or fish that naturally contains large amounts of organic mercury

•

Swallow mercury

• Touching liquid mercury

5

3/3

This is false advertising to us third party consumers most people believe that “silver filling “ are

being put in there mouth when its actually Mercury which is toxic Product liability comes into place

is through the FDA knowing that mercury is toxic and there is safer alternatives available and

these manufactures are still supplying America low income citizens with these product that is

harmful according to FACTS which is why the mercury Thermometers are BANNED due to toxic

vapors this is NOT a safe product if its not safe and toxic to the air it should be common sense

that it is NOT safe in your mouth if you disagree you are Incompetent to even make a ruling in

this cases even Dentist Agree that this product is toxic ( see attached )

This product is making me have a metallic taste in my mouth , trouble breathing , nausea and i

have anemia due i have proof attach that i had anemia which affected my pregnancy there is a

direct correlation to this product and anemia which i still struggle with in present day and i have

been experiencing many symptoms related to Elemental mercury some examples are vision ,

anemia , shortness of breath pulled from my medical record (see attached) due to this product

i have had this product in my mouth 17 years they are old and worn down and create VAPOR in

my mouth that's causing me to be sick i DO NOT have the finances to get this product removed

and when i asked dentist to remove them via medicated i was DENIED and told i would have to

go to a cosmetic dentist also my teeth are chipping off and Some of them was removed due my

teeth breaking but the majority are still in place and affecting my health and since the product

manufacturer is RESPONSIBLE and liable for the product affecting customers

I am entitled to damages and so is everyone else who used this product under Product

Liability they are to pay damages for continuing the use of this product when there is healthier

options available to citizens This product should be BANNED and off the market instead this

product is being dispersed by the defendants listed and the FDA is approving this product

promoting this product has people that are “High Risk “ when that is false EVERYONE who use

or consume this product is AT RISK for the harmful side effects not just “ High-Risk

Population” but EVERYONE !! This product is being distributed to low income families who can't

even afford to have the product removed from their bodies and they are not given a choice to

choose to remove this product from there bodies like me who trusted that this product is safe and

it was put in my mouth as a child and due to my mom being a third party consumer was NOT able

to read the label due to it being handled by a third party and told to consumers that it is safe ; If it

was safe they would not have banned thermometers in 2008 and that was due to how toxic this

product is when in the air and most definitely harmful in ANYONE’S MOUTH

By federal law, it is now illegal to export elemental mercury from the United States. The

Mercury Export Ban Act of 2008 ; Mercury is a potent neurotoxin that negatively impacts

human health and the environment around the world.

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REASONS FOR GRANTING THE PETITION

This petition should be granted is due to the federal court acknowledge Mercury as

a toxicant and banned export of this product under Mercury Export Ban Act of

2008 and also mercury thermometers was banned in 2008 because When dropped,

elemental mercury breaks into smaller droplets and become harmful to the air and

environment due to the vapor Any amount of mercury spilled indoors can be

hazardous. The more mercury is spilled, the more its vapor will build up in air and the

more hazardous it will be. Even a small spill, such as from a broken laboratory

thermometer, can produce hazardous amounts of vapor if the room is small enough,

warm enough, due to the warm environments and even room temperature can be

toxic such as your mouth causes exposed elemental mercury to become evaporated

and become a invisible, odorless toxic vapor Breathing mercury vapors is the most

common way to be exposed to elemental mercury, and is the most harmful to your

health.* Mercury can vaporize (evaporate) into the air. The vapor cannot be seen or

smelled. • Mercury can be toxic to people’s nervous system, lungs and kidneys Health

effects caused by long-term exposure to mercury vapors • Anxiety • Excessive

shyness • Anorexia • Sleeping problems • Loss of appetite • Irritability • Fatigue •

Forgetfulness • Tremors • Changes in vision • Changes in hearing Health effects

caused by short-term exposure to high levels of mercury vapors • Cough, sore

throat • Shortness of breath • Chest pain • Nausea, vomiting, diarrhea • Increase in

blood pressure or heart rate • A metallic taste in the mouth • Eye irritation • Headache •

Vision Problems ; The FHSA allows the Commission to ban a hazardous substance if

the Commission determines that the product is so hazardous that the cautionary

labeling required by the act is not adequate to protect the public; It seems that either

the court is in opposition of its own rules and regulations and laws and intentionally

choosing to ignore this safety hazard for its citizens whom it sworn under oath and

bond to protect and serve or the court is incompetent to be in a power position to

make a logical and responsible competent decisions on why Mercury should be

BANNED in dental products and mercury should not under no circumstances be

placed in the mouth of citizens at all ! especially not children there is no

certain “High-Risk" population its poison its equivalent to saying only a certain

group of people is “High Risk “ to Lead Posioning and its advese effects when it's

clearly everyone is AT RISK when they come in contact with Poison because its

poison NO ONE is “High Risk" to a poison if its bad for the air then you can only

imagine how the vapor is affecting the health of citizens by being in a warm

environment such as the mouth many are not even aware that a poison is being put

in their mouth and unaware of the side effect or long term health risk this product

due to being a third party consumer and false advertisement by the ADA and FDA

and unaware of the symptoms of mercury to come forward as a victim of this product

due to it being advertised as ’’silver fillings” rather than MERCURY! And is being

falsey marked to third party cosumers who cannot see the label that states it’s a

Posion and Corrosive by not telling people the effects of this product and deeming it

safe when its side effects are the same as Lead and have similar effect to the human

body on adults and children

7

CONCLUSION

The petition for a writ of certiorari should be granted.

Respectfully submitted,

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Date:

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