THIS is why we should do away with the 9th Circuit

[Guest MikeSC]

LOS ANGELES (Reuters) - The world's whales, porpoises and dolphins have no standing to sue President Bush (news - web sites) over the U.S. Navy (news - web sites)'s use of sonar equipment that harms marine mammals, a federal appeals court ruled Wednesday.

 

A three-judge panel of the U.S. 9th Circuit Court of Appeals in San Francisco, widely considered one of the most liberal and activist in the country, said it saw no reason why animals should not be allowed to sue but said they had not yet been granted that right.

 

"If Congress and the President intended to take the extraordinary step of authorizing animals as well as people and legal entities to sue they could and should have said so plainly," Judge William A. Fletcher wrote in an 18-page opinion for the panel.

 

The lawsuit was brought against Bush and Defense Secretary Donald Rumsfeld on behalf The Cetacean Community -- defined as the world's whales, porpoises and dolphins -- by their self-appointed lawyer, marine mammal activist Lanny Sinkin.

 

Sinkin claimed in the lawsuit that the U.S. Navy had violated the Endangered Species Act with its use of long range, low frequency sonar that can cause tissue damage and other injuries to marine mammals.

 

Sinkin could not be reached for comment on the 9th Circuit's decision, which upheld a lower court ruling.

http://story.news.yahoo.com/news?tmpl=stor...nment_whales_dc

Saw no reason animals shouldn't be allowed to sue?

 

Them, you know, BEING ANIMALS isn't enough for the Men Without Hats of jurisprudence?

-=Mike

[Rob E Dangerously 0]

I want to know how they wrote 18 pages on that decision.

 

A one page decision could have worked.

 

"Sorry, you are a loon"

[Slayer 0]

I want to know how they wrote 18 pages on that decision.

 

A one page decision could have worked.

Someone doesn't know the concept of "legalese"

 

One paragraph by a normal person = ten pages by a lawyer

 

"Sorry, you are a loon"

This would take 3/4 of a page in itself

[teke184 0]

The 9th Circuit is being broken into three separate circuits soon and a BUNCH of new judges will be appointed in order to break up the backlog of cases they have.

 

Can't happen a minute too soon IMHO, as the 9th Circuit is the fucking kangaroo court of the US justice system right now.

[Gert T 0]

I hope everybody at TSM can make a bi-partisan decision on the 9th circuit court......

[Dr. Tom 0]

That might be the most absurd legal opinion I've heard in a while. I know it's the 9th Circuit and all, but that's bloody OUT there, even for them.

 

And it's pretty obvious that animals can't sue, since they have no rights.

[2GOLD 0]

That might be the most absurd legal opinion I've heard in a while. I know it's the 9th Circuit and all, but that's bloody OUT there, even for them.

 

And it's pretty obvious that animals can't sue, since they have no rights.

 

I would think them not being able to talk or sign or do much of anything would be another reason.

 

Plus, what the hell do animals sue about?

[teke184 0]

That might be the most absurd legal opinion I've heard in a while.  I know it's the 9th Circuit and all, but that's bloody OUT there, even for them.

 

And it's pretty obvious that animals can't sue, since they have no rights.

 

I would think them not being able to talk or sign or do much of anything would be another reason.

 

Plus, what the hell do animals sue about?

*resists temptation to make jokes about a class action suit by gerbils against San Francisco area businesses*

[2GOLD 0]

That might be the most absurd legal opinion I've heard in a while.  I know it's the 9th Circuit and all, but that's bloody OUT there, even for them.

 

And it's pretty obvious that animals can't sue, since they have no rights.

 

I would think them not being able to talk or sign or do much of anything would be another reason.

 

Plus, what the hell do animals sue about?

*resists temptation to make jokes about a class action suit by gerbils against San Francisco area businesses*

 

I'm resisting the urge to mention people in Montana who seem to get arrested for having sex with cats....

 

Oh darn, I mentioned it. Silly me.

[DerangedHermit 0]

Hey, someone can actually agree with Mike!

 

In other news, here's the forecast for Hell:

 

Today: Overcast skies with a chance of flurries. High 32.

[SuperJerk 0]

I'm no lawyer, but I'm pretty sure the average cognitive ability of a wild, non-human, animal would be enough to present a clear reason for animals not to sue, whether they are ever granted the right to or not.

 

I can only imagine the amount of drugs taken during the writing of that decision.

[Guest Nanks]

"Eee eee eee"

"What's that Flipper?? The diver touched you where???"

 

What about that talking dolphin off Seaquest DSV???