Today, another judge has dismissed another "birther" lawsuit trying to remove President Barack Obama. Should the Birther attorney pay
Closing quote from the judge: "Plaintiffs have encouraged the Court to ignore these mandates of the Constitution; to
disregard the limits on its power put in place by the Constitution; and to effectively overthrow a
sitting president who was popularly elected by “We the People”–over sixty-nine million of the
people. Plaintiffs have attacked the judiciary, including every prior court that has dismissed
their claim, as unpatriotic and even treasonous for refusing to grant their requests and for
adhering to the terms of the Constitution which set forth its jurisdiction. Respecting the
constitutional role and jurisdiction of this Court is not unpatriotic. Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism.
Therefore, for the reasons stated above, Defendants’ Motion to Dismiss is GRANTED."
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M$3 Answers
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M$
And no, I don't think they should have to pay those fees. For their own attorney yes, but not the government's. After all, when was the last time you went to court, got a reduced or "innocent" status and the goverment paid your fees for you? It's their job to handle these cases.
If that's the way the real world worked, how cool would that be? As a writer, imagine submitting an article for a set price. Your editor rejects it and you fix it, though you may have a different opinion than your editor. Do you get a bonus or get to charge extra for the extra time spent? (and if so let me know lol I need to send them my resume!)
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M$
It's part of a judge's duties to reject frivolous cases and fine whoever brought them. They are overloaded with serious cases and can't waste their time like that. If they did, the taxpayers would have to hire and pay for more judges. Judges are judges! They know the law. And the taxpayers shouldn't be burdened with paying for government lawyers' time on frivolous cases. If you try that in a private civil case the same rules apply, if you don't have a good case you pay the costs not the person you are frivolously suing.
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M$
Thanks, rising falls. Just to clarify, I was asking about whether they should have to pay for the government's fees/costs to get these cases dismissed. I am not asking if they need to pay their attorney.
Some of the judges have fined them for the cases they consider to be frivolous. Do you agree with that, too?
Quite right, albanian.
Although, to bend over backwards to be fair to these guys, some of their batch of cases did have different theories to reach the same destination. And, there probably is a small gap in the law in how to ensure that the Constitution's requirements are met (in the future).
That said, in this particular case, the plaintiffs brought the case AFTER Obama was sworn in, made their conspiracy claims that he was born in Kenya or that he lost his citizenship when his mother took him to Indonesia.
BTW, I had meant to put up the link to the judge's opinion when I posted this question yesterday; I had stumbled upon it when I was looking for a different recent opinion from the same District. You can read the 30-page decision here: http://www.cacd.uscourts.gov/CACD/RecentPubOp.nsf/bb61c530eab0911c882567cf005ac6f9/8fc0c9eea056e9e78825765e005ccf99/$FILE/SA09CV00082%20DOC(ANx).pdf It certainly is more interesting than your average 30-page opinion.