Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Bean Counter
Please...please...PLEASE...somebody tell me that that whackjob’s family wasn’t *really* trying to sue the manufacturer of the bulldozer that ran over the whackjob?
24 posted on 09/17/2007 4:15:46 PM PDT by Gay State Conservative (If martyrdom is so cool,why does Osama Obama go to such great lengths to avoid it?)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Gay State Conservative

Because no one posted it yet, here’s the decision (on a PDF file): http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6DFD4322CA06B5FA88257359005660A6/$file/0536210.pdf?openelement

I haven’t read it yet, but from a quick scan it looks like the court didn’t get to the merits but booted the suit on the ground of the “political questions” defense. For those unfamiliar, and very roughly, that doctrine directs the court to dismiss a suit when the claims’ resolution turn on a political question, i.e., a matter committed to the discretion of one of the political branches of government - the Legislative and/or Executive.

In this case, while the bulldozers were purchased by Israel, they were financed by the USA; thus Israel’s possession of the CATS was really a result of United States foreign policy.


26 posted on 09/17/2007 4:27:18 PM PDT by BCrago66
[ Post Reply | Private Reply | To 24 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson