TheHammer wrote:https://en.wikipedia.org/wiki/Frivolous_litigation
In law, frivolous litigation is the practice of starting or carrying on lawsuits that, due to their lack of legal merit, have little to no chance of being won. The term does not include cases that may be lost due to other matters not related to legal merit.
Yes, I know. Since you never actually responded to my previous post, I'm just going to repeat it.
I, yesterday, wrote:
And the law in question says that:
"No unit of State, county, or local government in Illinois shall... utilize criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender."
Now here, white people in one area are profiting while black people in another area are getting shot dead because these particular municipalities aren't taking steps to prevent already-illegal gun purchases by a bunch of criminals.
Since you either did not read or did not comprehend what I was saying, let me spell it out:
There is a good case for that being discrimination. If a town enacts laws that are discriminatory,
that is illegal in Illinois. Therefore it is grounds for a lawsuit. Such a lawsuit as has just been brought forth here. And while the lawsuit may fail, it is not frivolous- because the argument "this law in your town kills people in my town, and profits your town, so it's discriminatory" is not
without merit. It is a valid category of legal argument to make, even if you happen to disagree with it.
Now, if the lawsuit wins, the court might do one of several things. It might order the towns that have failed to stop the gun-running operations to pay some form of damages to the towns victimized by the gun-runners. It might order the towns that have failed to stop the gun-runners to, y'know,
stop the gun-runners. How they do so is the town's problem- although enacting sensible laws to limit gun-running is perhaps the most obvious solution.
Since there are presumably existing Illinois laws that make gun-running illegal, what this comes down to is that these towns that sell the guns are failing to locate and properly prosecute criminals. That's something a court can reasonably order a given jurisdiction to do. It is not a matter of separation of powers- it is a matter of the court saying "do your job or pay damages."
TheHammer wrote:Well that's a different matter entirely... The core of that [Colorado marijuana] case would be lack of enforcement of an existing Federal law, not an attempt to compel Colorado to create additional regulations that do not currently exist.
The Plantiffs in this case are apparently seeking to get laws/regulations added that they think should exist. However, that's the job of the legislature not the courts. The Plantiffs' attempt to use the civil rights act as justification would seem to be extremely flimsy.
Their argument is that the existing law regime has
extreme discriminatory effects (hundreds of people shot with guns that were bought in these towns).
Is this flimsy? Only if you think that a law which causes deaths in Town A and not in Town B is not 'discrimination.' So no, I would argue that the suit is not frivolous. It is not
obviously without merit. It may fail, the judge may find it to have
insufficient merit, but it is not a case of blatant stupidity on the part of the plaintiff.
...
On an unrelated note... Let me just point out that this is exactly the sort of lawsuit that would be
vitally necessary were a libertarian society to continue functioning. Because otherwise we'd be up to our eyeballs in predatory communities cheerfully profiting from the death and destruction of other communities. Without the ability of courts to compel individual communities to alter their practices and laws, the only recourse any single community would have against this sort of predation is open warfare, which would lead quickly to anarchy.
TheHammer wrote:I understand his motivations, but he's going about it the wrong way. Restrictive gun laws won't solve the underlying problems that cause people to use guns. As long as those underlying problems exist, the people committing these shootings will get their hands on the weapons to do it.
Nobody argued that the gun laws would stop the killings. But they might make the killings
less likely. Criminals would find it harder to procure and throw away 'disposable' guns to be used in random crimes. They might be forced to rely on cheaper, less powerful and reliable guns, which would result in fewer high-velocity, high volume-of-fire bullets flying around and striking bystanders.
And even if this is not the case... there is NO reason why ANY civilized town, suburb, or municipality should be permitted to profit from the sale of guns to criminals. ANY civilized community should be willing to agree to basic, commonsense measures intended to slow or block the sale of guns to known criminals. And to identify the proxies who run guns to criminals, and prosecute them. Because these acts are openly, nakedly illegal, and there is no "rights" argument for tolerating such acts.