SAN JOSE, Calif. - TelAve -- San Jose, CA — Mikhael Lerman, a pro se petitioner currently before the U.S. Supreme Court in Lerman v. Lerman, has submitted a formal letter to President Trump urging the issuance of an Executive Order on Family Law Fairness.

The proposal is based on Lerman's Doctrine of the Highest Power and the Second Highest Power.
The doctrine addresses a constitutional imbalance in divorce law:

• When one spouse unilaterally dissolves a marriage (the "highest power"),
• The other spouse should have the right to choose whether assets are divided equally or by merit (the "second highest power").

"This safeguard prevents perverse incentives, applies fairly across both community-property and equitable-distribution states, and protects the dignity of both partners," Lerman said.

The proposed Executive Order would:

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1. Direct the Department of Justice and the Department of Health & Human Services to convene
a National Task Force on Family Law Fairness.
2. Examine constitutional implications of existing divorce laws.
3. Recommend reforms and incentives for states to adopt fairness safeguards.

Lerman emphasized that the doctrine is rooted in Due Process and Equal Protection under the 14th Amendment, and aligns with Article 16 of the Universal Declaration of Human Rights.

A plain-language explanation of the doctrine can be found here:
https://www.linkedin.com/pulse/fair-rule-divorce-balancing-highest-power-doctrine-second-lerman-j20nc/

About Mikhael Lerman:
Mikhael Lerman is a pro se litigant and constitutional reform advocate based in San Jose, California. His petition in Lerman v. Lerman asks the U.S. Supreme Court to adopt the doctrine of structural fairness in family law.