(May 7, 2015 at 3:07 pm)Cthulhu Dreaming Wrote: Looks like the case has been dismissed with prejudice (legal-speak for GTFO of my court, you kook).
An ATL story on this development:
Surprisingly, Lawsuit Against ‘All Homosexuals’ Summarily Dismissed
The main part of the Judge's decision is as follows:
"The Court will not give the plaintiff an opportunity to amend her complaint in this matter because it is obvious that amendment would be futile. Even liberally construed, the plaintiff does not set forth any discernible claim for relief over which this Court has jurisdiction. This Court is not the place to seek opinions regarding theological matters; this particular forum is closed and the case will be dismissed." (emphasis in original!)
The technical legal reason he got rid of this is Subject Matter Jurisdiction, which says that federal courts can only hear and adjudicate certain kinds of disputes (ie, class actions, claims against the federal government, claims between people from different states for really high amounts). The Judge noted that she didn't say anything about citizenship, didn't ask for any money damages... didn't really state any reason why this claim is something federal courts are allowed to hear.
This is really good judging, I think. Rather than let it languish on his desk for a week or a month, with everybody knowing what's going to happen, he stopped everything, took an afternoon, and G it TFO of his courtroom so it didn't become (more of) a spectacle or circus.
How will we know, when the morning comes, we are still human? - 2D
Don't worry, my friend. If this be the end, then so shall it be.
Don't worry, my friend. If this be the end, then so shall it be.
