Appellant asks Court to deem 10 p.m. draft time effective "by default or by contempt"
The emergency motion to compel judicial review objects to the referral of a live appeal to a trash bin.
Marc Goldich, the appellant in Goldich v. Dylus, filed an emergency motion Wednesday asking the Court to vacate the Commissioner’s referral of his appeal to the Office of the Clerk and to compel a decision on the merits before Tuesday’s draft.
The motion follows the Commissioner’s response to the notice of appeal, which read in full: “Not reading this essay. Please direct it to the proper clerk.” The record identifies the proper clerk as a trash bin.
The appellant’s position is that a filing does not stop being pending because the tribunal declines to open it. He cites Schrodinger v. Dylus, 3 F.F. 1 (2026), and objects to what he calls the Phantom Clerk Doctrine, under which the Clerk “appears to have been selected precisely because it has never reversed the Commissioner.”
The motion requests three forms of relief in the alternative: vacatur of the referral, an order compelling the Commissioner to read the appeal and rule on it, or a determination that his refusal to exercise appellate jurisdiction is a recusal, sending the matter to the League sitting en banc. Should all three be denied, the appellant submits that “the only remaining issue is whether the 10:00 p.m. draft time becomes effective by default or by contempt.”
The Commissioner has not responded. The Clerk has not responded either, which the appellant’s motion anticipates.