From the annals of frivolous lawsuits, we find this attorney from Alabama who has decided to sue the SCOTUS justices who voted in favor of marriage equality in the Obergefell case. Attorney Austin Burdick from Bessemer filed the complaint in Birmingham in the U.S. District Court for the Northern District of Alabama. We’ll discuss the lawsuit in greater detail below.
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The case names Justices Anthony M. Kennedy, Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kegan. Mr Burdick’s complaint alleges that the justices violated the Fifth Amendment to the US Constitution.
From AL.com:
Burdick is suing the five justices for violations of the 5th Amendment, breach of contract, breach of fiduciary duty and seeks, among other things compensatory damages, punitive damages, mental anguish damages, and attorney's fees and costs. The lawsuit seeks recovery of damages exceeding $6 million.
"For centuries the Constitution has been the instrument of protection for the rights of citizens against government intrusion," Burdick states in the lawsuit. He says "specifically, since the ratification of the 14th Amendment in 1868, interpreted the plain language of the Constitution and that amendment to be a guarantee of freedom from government interference in individual liberty."
Burdick claims in the lawsuit that the five justices through their opinion have now rewritten that amendment to allow an expansion of government authority, not a guarantee of liberty. "This 'interpretation' is no interpretation at all. It is a tyrannical usurpation of authority to rewrite the Constitution," he states in the lawsuit.
The lawsuit was filed late last month, and I haven’t seen anything about its disposition since then. I’m sure that it will be thrown out of court (if it hasn’t already). You can read the complaint here.
I like the way that the Dallas Voice characterizes the lawsuit:
Hmmm … so let’s say this goes to court and whatever the results, it gets appealed. Let’s say the U.S. Supreme Court takes up this case. Would the five justices have to recuse themselves? Even if they did, the remaining three rule that they can get sued for their rulings? If so, there’s lots of people who think their decision on Citizens United and other cases was wrong. So we just sue.
Seems as though this qualifies for dumb-ass lawsuit of the year. Unfortunately, it probably only qualifies Mr. Burdick to succeed Roy Moore as the next chief justice of the Alabama Supreme Court.
Now, on to the tops:
From Railfan:
In Laura Clawson's front-pager, Republicans to take questions at town hall tonight ... if Donald Trump doesn't cut and run, Rikon Snow raises a question which HeyMikey promptly deflates.
From Avilyn:
terjeanderson has this most enlightening and advice laden comment. The comment and the diary (by Chris Reeves) give everyone a template for how to effect the change they want to see.
Top Mojo For March 28, 2016:
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