A forth branch of government?

oberkommando

New member
Sorry for long post I cut quite a bit out so feel free to cut more, I'll understand, I just thought some might find their gall interesting.

REASON * October 1999

Big Guns
Plaintiffs' lawyers declare themselves the "fourth branch of government" and go after firearms

By Walter Olson

You don't need to be a big Second Amendment booster to be appalled by the newest round of litigation against gun makers. All you have to do is take a look at some of the coverage that has appeared recently in press outlets that are basically sympathetic to gun control, like Salon, the American Lawyer, the National Law Journal, and The New Yorker.

According to Jake Tapper in the July 13 Salon, many of the cities suing gun makers are themselves major distributors of guns, police surplus and otherwise, to the used market. Disposing of firearms in "gun swaps," generally with no questions asked, has been a handy way for localities like Boston, Detroit, and Alameda County, California, to defray the cost of new police weapons. Boston, for example, attached no strings to resale when it recently got rid of more than 3,000 .38s, even though it has now endorsed a new legal theory that private vendors should be liable because they displayed "willful blindness" to what happened after guns left their hands.

For hypocrisy, it's hard to top that. Not impossible, though. New Orleans was the first city to jump on the gun lawsuit train: "We have been so focused here in New Orleans on getting guns off the street and protecting our citizens," Mayor Marc Morial declared at the press conference. Yet New Orleans recently scored what may be the biggest deal of its kind ever in the U.S. when it recycled to street use through an Indiana broker some 7,300 guns, most of which it had confiscated from lawbreakers. These included TEC-9s and various other semiautomatics whose importation and manufacture Congress banned in 1994.

The municipal gun suits demand that manufacturers equip their wares with safety locks, but New Orleans officials attached no such condition to the resale of the guns in their own inventory, only two of which had locks among the thousands they shipped. Nor did they require that the guns be resold only to other police departments, a financially unwelcome stipulation since weapons may fetch only half as much on the market when that particular condition is attached.


These lawyers are not really interested in law. Instead, they are quite openly spinning out new liability theories as fast as they can dream them up, asking the courts to penalize the gun companies for not pre-emptively anticipating and complying with those theories in the past.


How worried are the plaintiffs' lawyers about going to trial and losing? "As in the war against tobacco, winning in court isn't necessarily the objective of the lawyers," observes Peter J. Boyer in a fascinating article about the origins of these cases in the May 17 New Yorker. "If twenty cities do bring suits, defending against them, according to some estimates, could cost the gun manufacturers as much as a million dollars a day." That would force gun makers to the negotiating table as the only alternative to bankruptcy.

"Judge shopping" also plays a role in the strategy. On the federal side, according to the July 19 National Law Journal, the NAACP is desperately angling to get its new suit against gun makers heard by Brooklyn's extremely liberal senior-status judge Jack Weinstein, because the underlying theories "might not succeed in any other courtroom in America".

New Yorker's Boyer. "Well, we've started a war." Attorney Dennis Henigan of the Center to Prevent Handgun Violence said what he's after is to create a "credible threat of liability....The more cities that file, the greater is the threat. So what you really want is a diversity of cases in lots of different regions, lots of different courts to create the greatest threat of liability." You might call this a "spaghetti strategy": Throw a potful against the wall and see if any strands stick. You might also compare it with what the Irish Republican Army said after its Brighton hotel bombing failed to assassinate Margaret Thatcher: "We only have to be lucky once. You have to be lucky every time."

The reason it can't be found in any civics book is probably that it's so alien to the form of government the Founders thought they were giving us. The June American Lawyer, in its article recounting the origins of the firearms litigation, reports that prominent New Orleans trial lawyer Wendell Gauthier was the first to talk his colleagues into suing gun makers, even though their pockets weren't all that deep. The suit "fit with Gauthier's notion of the plaintiffs bar as a de facto fourth branch of government, one that achieved regulation through litigation where legislation failed."

Remember, it's not our side that's decided to call the trial lawyers a de facto fourth branch of government: That's their view of the matter, in the words of the American Lawyer. Of course, there remain a few differences between this new Fourth Branch and the three original branches the Founders had in mind. For one thing, those who labor in the other three branches of government aren't supposed to use their coercive powers to turn themselves into billionaires.

Visit Walter Olson's official Web site

overlawyered.com

[This message has been edited by oberkommando (edited November 18, 1999).]

[This message has been edited by oberkommando (edited November 18, 1999).]
 
"First thing we do..." you all know the rest.

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"The right of no person to keep and bear arms in defense of his home, person and property,
or in aid of the civil power when thereto legally summoned, shall be called into question.."
Article 11, Section 13, CO state constitution.
 
Damn those bastards. They give us a bad name. It's judges like Weinstein who are the most evil of all, seconded by the anti-gun orgs and mayors bringing the frivolous suits for their political gain. The lawyers are right up there too if they believe (as they must) that there's no legal merit to these cases. A product is defective if it's "unreasonably unsafe". A gun cannot be made safer reasonably; that is, without making it unfit for it's intended purpose - defense. I can see where the plaintiffs would have a strong argument IFF the second amendment was about HUNTING only (as antis believe). Under this assumption, certianly defensive pistols and such are arguably "unreasonably dangerous", because they could be made much safer and still fill the hunting role. BUT once again, it all comes back to the same crux: that is - THE SECOND AMENDMENT AINT ABOUT HUNTING - it's 85 -90% arming the militia for defense of tyranny foreign and domestic, and perhaps 10-15% about self-defense. That point is the key point we must get throught the thick heads of the liberal judges and pols. That's why I think NRA is making a mistake in emphasizing self-defense and hunting only. They're scared of bringing up the militia for fear of being labeled whacko. Well, in the long run, we must stress that the militia is what it's all about, OR WE WILL LOSE, and the sooner we start, the better - the longer we put off telling the truth, the harder it will be to bring it up. We must start talking about the original intent and the militia NOW to try to gain some public acceptance of the idea, and make judges realize what the original intent and history are all about. We need to continue to focus on the Switzerland example and the framer's thoughts. Damn this gets my BP up.... It's not about hunting. No one NEEDS to hunt - got no argument with the antis there. But for defense and military (militia) purposes, you can't put too many safeties on a gun to make them "safer" - that only makes them "unsafer" for their intended use, because the time needed to disengage the safetie(s) gets you killed.

If I were the gun companies and succumbed to their nuisance strategy, Chapter 11 would be a better alternative than negotiating with these scums of the earth - it allows them to stay in business, and make no concessions as to liability.
 
Tort refrom now! The incentive must be taken away from the parasitical lawyers and their accomplices on the bench! We are in desperate need of more teachers, engineers, entreprenuers,laborers,moms,dads,mentors,doctors and fewer attorneys. Attorneys thrive on misfortune and dismay. For those good counselors who read this, I am sorry. You should do a better job policing your ranks.

I have said and I will say it again and again! Why are so many Jewish people against freedom and personal responsiblity in this nation? Why can't they learn that government cannot be trusted? I AM NOT a racist! I have Cousins and Uncles through marriage who are Hebrew and they are pro gun and pro freedom. Has Jack Weinstein forgotten what happened to his people when they could not defend themselves in Europe in the 30's and 40's and throughout all of history and even today?

This country was founded by Christian Men who sought to worship God in the manner they saw fit and to allow others even if they held different belief systems to worship freely as well. I am sick of hearing about "how they do it overseas" or what Budda thinks. If we allow these legal despots to continue on their path of destruction, before you know it, fast food, fast cars, Fundamental Christian Worship,parental discipline, private land ownership and host of other worthy apsects our ancestors fought and bled over will be gone by the wayside.

God help us.

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"When guns are outlawed;I will be an outlaw."


[This message has been edited by Will Beararms (edited November 18, 1999).]
 
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