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Sue OPEC
NY Times ^ | June 19, 2008 | THOMAS W. EVANS

Posted on 06/19/2008 5:53:31 PM PDT by King of Florida

THE president of the United States has the power to attack, and perhaps destroy, the Organization of the Petroleum Exporting Countries, the illegal cartel that has driven the price of oil over $130 per barrel. This can be accomplished without invasion or bombing. No special legislation is needed. The president need simply allow the states to seek relief in the Supreme Court under our antitrust laws.

The oil ministers of the OPEC countries meet periodically to set production quotas for the cartel’s members and in the process establish an artificially high price for crude oil. Under our antitrust laws, this is illegal. Two years ago, Amy Myers Jaffe, an energy expert at Rice University, estimated that the real production cost was $15 a barrel, at a time when the price was approaching $60. Recently, an OPEC spokesman said the price could be $70 a barrel — a little more than half the current price — if speculation and manipulation could be eliminated.

Despite this illegal conduct, not everyone can sue OPEC and succeed. In 2002, a federal court dismissed a class-action lawsuit brought against OPEC by a gas station owner. An appeals court agreed, noting that “under the current state of our federal laws the individual member states of OPEC are afforded immunity from suit brought for damage caused by their commercial activities when they act through OPEC.”

. . .

Fortunately, there is another way to sue OPEC. Even if actions by individual citizens fail, a seldom-used provision of Article III of the Constitution grants original jurisdiction to the Supreme Court over lawsuits brought by states against “foreign states” and, as expanded by the United States Code, over “aliens.”

(Excerpt) Read more at nytimes.com ...


TOPICS: Business/Economy; Foreign Affairs; News/Current Events
KEYWORDS: boumediene; cluelessidiot; energy; gasprices; judiciary; oil; opec
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1 posted on 06/19/2008 5:53:31 PM PDT by King of Florida
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To: King of Florida
Sue OPEC

That's it, NYT, distract us from the real energy market agitator: Russia.

2 posted on 06/19/2008 5:55:54 PM PDT by the invisib1e hand (the media vs. the people.)
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To: King of Florida

What idiocy. Sovereign nations have this thing called “sovereignty”.

So what do we do when OPEC tells our courts to pack sand, go to war for oil?


3 posted on 06/19/2008 5:56:04 PM PDT by SampleMan (We are a free and industrious people, socialist nannies do not become us.)
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To: the invisib1e hand
Another gem from the kook left.
4 posted on 06/19/2008 5:57:01 PM PDT by chaos_5 (Proud to be one of the 10% not rallying around McCain)
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To: King of Florida

and the Supreme Court can of course enforce their decisions, I might be wrong but I would suspect OPEC would tell them to go pound sand.


5 posted on 06/19/2008 5:58:05 PM PDT by pennboricua
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To: King of Florida

How did sensible men like Reagan and GHW Bush have a guy like this as an advisor? I expect he didn’t get in to see the President very often....


6 posted on 06/19/2008 5:58:51 PM PDT by PGR88
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To: SampleMan

except the USA of course


7 posted on 06/19/2008 5:58:55 PM PDT by pennboricua
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To: King of Florida
What was it that Andrew Jackson said? "[Chief Justice] John Marshall has made his decision, now let him enforce it!"

We could enforce a ruling in such a lawsuit, if we wanted to. But if we intended to go that route we might as well just invade the OPEC nations in the first place and not waste the court's time with the preliminaries.

8 posted on 06/19/2008 6:00:26 PM PDT by Turbopilot (iumop ap!sdn w,I 'aw dlaH)
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To: King of Florida

The Supreme Court is now their answer to everything.

Which one of the Liberals will serve the summons to Ahmadinejad?


9 posted on 06/19/2008 6:00:56 PM PDT by Fitzy_888 ("ownership society")
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To: King of Florida

Sure. Produce more oil with lawyers & liberal judges. That’s the ticket. Just like the court system can fight terrorism according to Obamarama.


10 posted on 06/19/2008 6:01:05 PM PDT by MCH
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To: King of Florida

Sue OPEC?

...they don’t have to provide us oil you know...


11 posted on 06/19/2008 6:01:25 PM PDT by Tzimisce (How Would Mohammed Vote? Obama for President!)
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To: King of Florida
We would be better off suing the politicians who are blocking companies from drilling on American soil. These morons refuse to allow exploration in areas with more oil than Saudi Arabia. I blame them for high oil prices, not OPEC.
12 posted on 06/19/2008 6:03:23 PM PDT by peeps36 ( Al Gore Is A Big Fat Lying Hypocrite. He Pollutes The Air By Opening His Big Mouth)
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To: Fitzy_888

Which one of the Liberals will serve the summons to Ahmadinejad?
::::::
Yes, I got a good laugh out of the idea of the SCOTUS (The liberal court of the land) taking on OPEC over oil. LMFAO. The SCOTUS libs would have thier knee-pads on and would protect OPEC the best they could.

What a joke.


13 posted on 06/19/2008 6:05:22 PM PDT by EagleUSA
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To: King of Florida

The OPEC countries will give the same deference to a US Court decision as the US should give to a World Court decision.

Besides, what can the US Court do outside of US soil? The assets aren’t available seizure, short of open warfare, which isn’t the province of the courts.


14 posted on 06/19/2008 6:06:45 PM PDT by Pearls Before Swine (Is /sarc really necessary?)
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To: the invisib1e hand

The only sane thing to do is drill our own oil and flood the market making OPEC oil worth about $15 a barrel.


15 posted on 06/19/2008 6:16:33 PM PDT by Dutch Boy
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To: Dutch Boy

What is it with the left and their faith in the courts? Sue OPEC, treat Islamo Fascists like hold-up men...geeez...

Drill Here, Drill Now and Kill the Terrorists.


16 posted on 06/19/2008 6:21:14 PM PDT by Patrick1
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To: SampleMan

Hillary has said that somehow we can work through the World Trade Organization to ensure that OPEC is not artificially fixing prices. who knows if that’s true but that’s what she said. She also said if we elected her, that would send a powerful message to world oil markets that we are now serious about alternative energy, and that fact itself would bring down prices................


17 posted on 06/19/2008 6:23:27 PM PDT by Dilbert San Diego
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To: Dutch Boy

All it would take is for Congress to overwhelmingly vote to drill everywhere and expand refineries and set a schedule for eliminating OPEC imports, and the price would magically drop overnight.


18 posted on 06/19/2008 6:23:34 PM PDT by Sender (Never lose your ignorance; you can never regain it!)
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To: King of Florida
Sure, Mr. Evans, just go to Saudi Arabia and throw a big ‘ole citizen's arrest on some Sheik. Cuff’im Tommy and drag’em into the docket. Oil prices will drop off but not quicker than your head.
19 posted on 06/19/2008 6:27:28 PM PDT by count-your-change (you don't have to be brilliant, not being stupid is enough.)
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To: King of Florida

What total lunacy!

OPEC is like the soup nazi on Seinfeld.

Either you play by his rules, or:

NO SOUP FOR YOU!

Are the RATS really willing to bring western civilization to a standstill once they sue OPEC, and shut off the spiqot??

And then when you’re in the corner, and need to crawl out on your hands and knees, kissing their camels, as you are unwilling to take military action to take over their countries, you just eat more of their shit.

Total stupidity! Total RAT intelligence!


20 posted on 06/19/2008 6:30:45 PM PDT by aShepard (Might not make a difference, Rats are concentrated on blowing CO2 down a hole in their backyard!)
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