Posts tagged with: standing

Blog author: jballor
posted by on Tuesday, September 18, 2007

In an attempt to oppose legislative action on tort reform, Nebraska Democratic State Senator Ernie Chambers “filed a lawsuit against God in Douglas County Court.”

“The Constitution requires that the courthouse doors be open, so you cannot prohibit the filing of suits,” Chambers says. “Anyone can sue anyone they choose, even God.”

I don’t think it quite works that way. In order to have standing to bring a suit, you not only have to be affected, there has to be “a likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative.”

Somehow I don’t think God is taking orders from the Douglas County Court. As he said in another (perhaps not so altogether different) context, “Who is this that darkens my counsel with words without knowledge?” and “Will the one who contends with the Almighty correct him? Let him who accuses God answer him!”

My immediate reaction to hearing the case and that it had to do with tort reform was that the guy must be providing an example of a completely idiotic and frivolous lawsuit in order to spur action on tort reform. I never thought he’d be opposing it! There’s likely to be a backlash to outlaw this sort of stunt and all kinds of other frivolous litigation.

Update: The Volokh Conspiracy has a link to a case brought against “Satan and his staff,” in which the case was dismissed for similar reasons: “the Court has serious doubts that the complaint reveals a cause of action upon which relief can be granted by the court. We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district.”