[truth defector]

Can any Freepers please explain to me how the government can grant the right to sue and then ask that the case be summarily dismissed? Am I missing something here, or is this the government's standard operating procedure? A significant case similar to this is Downey v. Runyon No. 97-6239 ruled in the Second Circuit.

Links: http://www.villagephotos.com/pubimage.asp?id_=260427, http://www.villagephotos.com/pubimage.asp?id_=260428, http://www.villagephotos.com/pubimage.asp?id_=260429

[truth defector]

Ping.

For some reason the width and height of the image was read as zero at the image hosting page and the link in the thread read just that.

FOR YOUR CONSUMPTION AND PERUSAL!.

[drlevy88]

What was the original case about?

[VA Advogado]

Seperation of powers. The same part of government that grants you the right to sue is not the same part that you are suing.

[VA Advogado]

Plus it looks like you already got your one bite at the apple. If you dont assert a claim from the same set of facts, you lose it. Can't run to another court and try it again. Sorry.

[TN Republican]

The plaintiffs are the IRS and the Secretary of the Treasury. Your rights to sue have been codified by the legislative branch of the government, and the Civil Rights Act was signed by President Lyndon Baines Johnson. More than a decade later, the Supreme Court affirmed the view that reverse discrimination is unconstitutional (Bakke vs. the University of California Davis Medical School).

However, each administration gets to choose the fights that it picks. The Treasury does have the right to defend itself in a lawsuit, although it should settle if it is clearly in the wrong. Ultimately, politics and morals clash. (Even then, you always have the excuse that there is "no controlling legal authority.")