Clown-Free Zone... sorry, no clowns allowed Message Board

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Pastimes : Clown-Free Zone... sorry, no clowns allowed

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To: Earlie who wrote (87244)	3/28/2001 9:26:49 PM
From: Ilaine	Read Replies (3) of 436258

Earlie, with all due respect, losing a Rule 12(b)(5) motion for failure to state a ground upon which relief can be granted is the least of their worries. They're looking at a Rule 11 motion for sanctions. The sovereign immunity of the United States Government when implementing its constitutionally mandated duties is so well established as to be beyond peradventure. Try to think of imagine whether you could sue the Federal Reserve for raising or lowering interest rates, or sue the US Supreme Court for ruling in favor of Bush. It's just silly. It doesn't matter whether it's a good policy or a bad policy, or whether it hurts people or helps people. The courts don't have jurisdiction to decide what policy decisions the legislative and executive branches should persue. If there's a rule and someone breaks it then you can take them to court. That's it. If I am right, then as soon as the defendants are served they'll respond with their motions and the court won't even bother scheduling oral argument before granting dismissal as to the federal defendants.

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