“Birther” movement resorts to frivolous lawsuits
Wednesday, September 16th, 2009The frivolous lawsuit canard often turns on whose ox is getting gored. When a consumer files a class action, it is–according to representatives of business interests–a frivolous lawsuit. But when someone who wants to close the courthouse doors files their own class action, it is to take on illegal conduct.
When a politician who is opposed to frivolous lawsuits or too many lawsuits threatens to file her own case, that, too, is a different story.
The latest chapter comes from this stinging rebuke of the so-called Birther movement. It seems that one Captain Connie Rhodes sought an injunction prohibiting her deployment to Iraq because President Obama has not established that he was born in the U.S. As a result–the lawsuit claims–he is not the Commander-in-Chief. And so, she claims, she should not be required to ship out to Iraq because President Obama isn’t the real president.
The opinion makes entertaining reading. The court takes a dim view of Capt. Rhodes’ lawyer’s antics in this and other cases. Correctly so, I might add. Still, I’m going to wager that the court was a bit too restrained for the message to get through. Maybe next time.
I can hardly wait to see this opinion crop up on Freedomworks web site. They claim to be concerned with frivolous lawsuits. Any takers on whether they list it?
David Sugerman