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October 18, 2008
A legal step too far?
If anything was proof that the legal profession will do anything if someone is paying is the case brought by a State Senator in the US against God, for "Threatening to bring widespread death, destruction amd terrorism to him and the people of Nebraska." Seems to me that he missed the target, it might have been better to sue the hellfire and damnation fundamentalists there who persist in preaching the anger of God instead of the love He so clearly displays. Perhaps the Judge who dismissed the case deserbes a pat on the back - but when you look at the reason for dismissing it, you wonder.
Why was it dismissed? Because God doesn't have an address to which the summons can be delivered.
In Britain this would be called a "vexatious suit" and the perpetrator sent down with a hefty fine for wasting the court's time. In the US apparently, or in Nebraska anyway, the Senator is considering an appeal.
I am reminded that a group of Rabbis, incarcerated in Auschwitz, tried God in a court they convened in the Camp, charging Him with failure to prevent the wholesale murder of the Jewish people in Germany and the occupied countries. After considering all the angles carefully they decided that the only verdict they could bring was "Not guilty" as "The ways of God are not to be understood by the minds of men, nor is His will to be questioned." A point made in the final Chapter of the Book of Jonah.
State Senator Chambers seems to me to be wasting both the court's time and the people of Nebraskas money in a stupid gesture to make political capital. He would not be my choice on any ballot were I a voter in his constituency. The legal system has better and more important things to do than waste time on self serving and self important stunts perpetrated by bigoted idiots.
Legal case against God dismissed
The plaintiff argued an omniscient God would know of the lawsuit
A US judge has thrown out a case against God, ruling that because the defendant has no address, legal papers cannot be served.
The suit was launched by Nebraska state senator Ernie Chambers, who said he might appeal against the ruling.
He sought a permanent injunction to prevent the "death, destruction and terrorisation" caused by God.
Judge Marlon Polk said in his ruling that a plaintiff must have access to the defendant for a case to proceed.
"Given that this court finds that there can never be service effectuated on the named defendant this action will be dismissed with prejudice," Judge Polk wrote in his ruling.
Mr Chambers cannot refile the suit but may appeal.
'God knows everything'
Mr Chambers sued God last year. He said God had threatened him and the people of Nebraska and had inflicted "widespread death, destruction and terrorisation of millions upon millions of the Earth's inhabitants".
He said he would carefully consider Judge Polk's ruling before deciding whether to appeal.
The court, Mr Chambers said, had acknowledged the existence of God and "a consequence of that acknowledgement is a recognition of God's omniscience".
"Since God knows everything," he reasoned, "God has notice of this lawsuit."
Mr Chambers, a state senator for 38 years, said he filed the suit to make the point that "anyone can sue anyone else, even God".
Posted by The Gray Monk at October 18, 2008 04:28 PM
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Comments
We had a conversation about stupid lawsuits the other day on our way to a board meeting for the blues society. Even LD had a fine example of a case that should have been thrown out before it cost the taxpayers a cent. When kids one up the legal system with common sense, it makes you wonder.
Posted by: Da Goddess at October 19, 2008 05:02 AM
All too true, if the kids can spot the stupidity of a suit then why do the courts still pander to the greed of the legal profession in hearing them? One does have to wonder sometimes!
Posted by: The Gray Monk at October 19, 2008 02:58 PM