Its only ok to sue Palin. What about the part of the lawsuit concerning the lack of vetting ?
The panel addressed the issue of Congressional “vetting.”
Congress passed the “Rules Enabling Act” giving the Federal Courts power to establish their rules of procedure, which lead to the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, and Federal Rules of Evidence. The Judicial Conference of the U.S. is the policymaking body that presides over changes and additions to the Rules. Congress either ratifies the Rules by inaction or writes specific legislation to enact the Rules they want. (That’s overly simplified for the sake of discussion.)
The Rules exist for good reason and provide a “universal standard” for the Courts to apply in handling cases. However, an important aspect of the Rules Enabling Act is that the procedural rules should/must not “abridge, enlarge, or modify the substantive rights of any litigant.” With so many eligibility cases being filed and subsequently dismissed for lack of standing, it is my humble opinion that the Rules have obstructed a basic right of “The People” to have a grievance addressed and resolved in a forum of last resort. When our elected representation fails or refuses to resolve a political question of such a serious and far-reaching nature, there should be a forum of last resort (i.e. the Courts) for “The People” to be heard. Dismissal based upon standing or lack of jurisdiction is not equivalent to having been heard.
The universal answer from the Legislative and Judicial branches on this issue seems to be “next time, enact proper laws to prevent this conundrum” or “vote them out for ignoring you.” While those answers are appropriate and correct, they leave us with no resolution. That, inandofitself, seems contrary to the basic premise of our legal system.
What can be done to change that? We need to petition the Judicial Conference of the United States to examine the events that took place and enact Rules to establish a forum of last resort for such a serious political question.
I know that FR legal scholars will argue that the Courts do not and should not address issues that fall under the political question doctrine because those issues rightly fall under the authority of elected officials. But when elected officials refuse to act and voting them out after the damage has been done is our only recourse, that’s not a proper remedy.
(Flame away!)