cbreitel wrote:
For the morons obsessed with the wrong side of these issues, there always must be smart and reasonable people obsessed with the right side.
Hear, hear. I also do not consider the birthers to be a new type of thing, or
birther suits to be a new type of thing. I also view them as more than just a joke. Birthers, or at least
birther litigation, is simply a new manifestation of an old problem: the abuse of the court system by political extremists. While someone like Orly's legal antics and arguments are laughably pathetic, dealing with these cases consumes real judicial resources, costs real money to taxpayers, and clogs up dockets.
Most of the people involved in this nonsense have shown up previously and are quite familiar to those of us who watch extremist kook litigation as a hobby. Andy Martin has been around for some time. People like Charles Edward Lincoln III with his bogus mortgage redemption scams have been around for some time. And people with these theories and patterns of abusive litigation, often described as "paper terrorism," have often been connected to real terrorists. Timothy McVeigh sprang from the same febrile swamps of delusion as birthers.
If PJ ever decides to dump the eligibility issues entirely, there are probably uses for the information gathered and discussed about birthers. As an example of what I'm talking about, the Anti-Defamation League once put together an excellent casebook of
idiot legal arguments for use by attorneys who have to deal with these clowns.
With the growing body of case law doing away with these arguments once and for all, which will soon include appeals court rulings (assuming they are not all curt per curiam smackdowns), there is less and less ability for "real" lawyers to make these arguments without being sanctioned for frivolous litigation. While Orly's arguments are patent nonsense, she ended up sanctioned more for her abusive motion practice than the vacuousness of her arguments. Now, the arguments themselves are likely to be sanctionably frivolous.
There are also a number of bases to cover in such a document, since there are various tactics likely to be more or less successful against this kind of suit. Obviously, the standing issue is of particular importance to disposing of
birther suits rapidly, and conduct warranting an imposition of sanctions should, as a policy matter, be pursued more aggressively in these suits than against ordinary citizen-litigants, and a procedural roadmap for speedy dismissal, sanctions awards, arguments for dismissal with prejudice instead of with leave to amend, etc. would save people from having to reinvent the wheel.
I'm not sure whether a casebook format would be more useful, or some other format, perhaps more resembling a bench memo or an in-house memo or a law review article or some other format. It's possible the end result would be worthy of publication in a law review or journal of some sort.
Just throwing around ideas; I can't really devote the time to such a project that it would deserve, at least not in the near term.