I’ve not spent any time on the California constitution. But I have read the Texas constitution quite a few times. I also researched case law in Texas for standing. They go through the same analysis for standing as the feds.
For this reason, I do not think the Texas law is constitutional. And if Commiefornia does standing like the feds, neither is theirs. There is no injury. Just because you write a statute giving a cause of action doesn’t mean you create an injury. And without an injury in fact, you do not have standing to sue in court.
We do have litigation for third parties to sue. Like next of kin, or executor of an estate. There’s also advocacy group standing - if members of their group individually would have standing and the cause is germane to the group’s purpose. But this other trash just doesn’t fly to me. I think they are bunk laws all around. And we should NOT be getting into the private prosecution business. Talk about a way for tyrants to ruin private lives.
well, actually, by precedent withthis law then the government would have to pay the legal bills of anyone they charge and take to court, who are found not guilty as well. do they REALLY want to open that pandorra's box? also all the lawsuits against the government that the government loses, they would foot the bill for all the legal costs.
That’s pretty low, even for commiefornia.
I’ve not spent any time on the California constitution. But I have read the Texas constitution quite a few times. I also researched case law in Texas for standing. They go through the same analysis for standing as the feds.
For this reason, I do not think the Texas law is constitutional. And if Commiefornia does standing like the feds, neither is theirs. There is no injury. Just because you write a statute giving a cause of action doesn’t mean you create an injury. And without an injury in fact, you do not have standing to sue in court.
We do have litigation for third parties to sue. Like next of kin, or executor of an estate. There’s also advocacy group standing - if members of their group individually would have standing and the cause is germane to the group’s purpose. But this other trash just doesn’t fly to me. I think they are bunk laws all around. And we should NOT be getting into the private prosecution business. Talk about a way for tyrants to ruin private lives.
...wonderful addendum....
well, actually, by precedent withthis law then the government would have to pay the legal bills of anyone they charge and take to court, who are found not guilty as well. do they REALLY want to open that pandorra's box? also all the lawsuits against the government that the government loses, they would foot the bill for all the legal costs.
...they don't care...
...after all, it is house money...
...this would be an excellent way for the lawyers to get in on the "money grab"....