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The right to petition for redress of grievances is not abridged by the creation of methods other than a civil suit to redress a grievance. If it were, https://w
by shadowgovt 3y ago
The right to petition for redress of grievances is not abridged by the creation of methods other than a civil suit to redress a grievance. If it were, https://www.law.cornell.edu/uscode/text/10/456 https://www.law.cornell.edu/uscode/text/10/456 would be Unconstitutional on its face, and it does not seem to be (unless you can find evidence to the contrary in Court interpretation).
And in general: no, it doesn't feel outrageous to me. The law seems to have wide leeway to shape civil suit (statutes of limitations, bars to suit, no ability to sue agents of the government acting in the line of duty for burning one's house down to flush a criminal suspect), and the remedy would therefore be to elect better Congresspeople and state legislators if one is concerned about how civil law has been shaped.
- omginternets 3y ago> The right to petition for redress of grievances is not abridged by the creation of methods other than a civil suit to redress a grievance. What a strange comment. Of course they aren’t. They’re abridged by the de facto obligation to get vaccinated (unless you want to lose your job) and — crucially - the total waiver of liability on the part of pharmaceutical companies. It’s telling how you went from “you don’t have that right” to “okay, you have that right, but some particular thing isn’t violating it”. Im guessing the next stop is “okay, it was violated, but it’s not a big deal”.
- shadowgovt 3y agoI agree with you that redress of grievances is a Constituational right. Thank you for answering my original "Is that [bringing civil suit] a Constitutional right?" question with a framework in which one can see it as one. > They’re abridged by the de facto obligation to get vaccinated (unless you want to lose your job) Ah, here you do run into an issue. There is no Constitutional right to have a job. Kind of an oversight in the construction of the whole thing, really... Quite a bit of the pain in American culture can be traced to "The whole Constitution ultimately does not care if an individual starves to death because they can't participate in capitalism." And there's plenty of precedent regarding one's health status precluding one from being able to have or maintain a job. Typhoid Mary, famously, was legally precluded from kitchen-work because she was a typhus carrier. Her repeated entry into that field in spite of this stricture placed on her for the health of the citizens of New York (and her entry into other service-sector fields, eventually resulting in the deaths of 3-50 New Yorkers) is how she eventually landed in permanent quarantine.