4 ms·

I've listened to a series of podcasts (More Perfect) where it became clear to me that in the US to get lawsuits go all the way to the Supreme Court, you need bo

by wjnc 2y ago

I've listened to a series of podcasts (More Perfect) where it became clear to me that in the US to get lawsuits go all the way to the Supreme Court, you need both a case (de jure) and a plaintiff that is marketable. This is not a diss on Linda Martin. Going forward with this case in a attempt to get civil forfeiture more constrained after getting your money back is heroic. Just saying that the US legal system needs heroes and that there is a selection mechanism in place for heroes.

UncleEntity 2y ago
That's the Institute of Justice's jam, they have whole teams chipping away at things like this and qualified immunity -- pro bono as an added bonus.
- FuriouslyAdrift 2y ago
  Yeah they are all over it... https://ij.org/case/u-s-private-vaults-seizure/u-s-private-vaults-seizure-resources/ https://ij.org/case/u-s-private-vaults-seizure/u-s-private-v...
eesmith 2y ago
Yes. And it's been this way for a long time. Rosa Parks was not the first to refuse to move to the back of the bus. She was, however, more suitable for the lawsuit. https://en.wikipedia.org/wiki/Rosa_Parks#Refusal_to_move https://en.wikipedia.org/wiki/Rosa_Parks#Refusal_to_move Plessy's "violation" of the despicable Separate Car Act was staged, with the conductor and private detective part fully aware of the planning. https://en.wikipedia.org/wiki/Homer_Plessy https://en.wikipedia.org/wiki/Homer_Plessy points out that the early test case planning included looking for a woman of "not more than one-eight colored blood" as the possible plaintiff.
- onemoresoop 2y ago
  It’s also the timing that matters so it makes it more like the straw that broke the camel’s back. That also is part of making it more marketable.
- cb321 2y ago
  Your historical examples are absolutely fantastic! A more fictionalized dramatization might be season 4 episode 9 of _The Good Wife_ trying to get a DOMA test case (https://en.wikipedia.org/wiki/The_Good_Wife_season_4 https://en.wikipedia.org/wiki/The_Good_Wife_season_4) which focuses on the need to lose at the initial trial because SCOTUS is part of the appellate court system. (And, of course, you probably need to lose at state-level appeals as well.)

by wjnc 2y ago

UncleEntity 2y ago

That's the Institute of Justice's jam, they have whole teams chipping away at things like this and qualified immunity -- pro bono as an added bonus.

FuriouslyAdrift 2y ago
Yeah they are all over it... https://ij.org/case/u-s-private-vaults-seizure/u-s-private-vaults-seizure-resources/ https://ij.org/case/u-s-private-vaults-seizure/u-s-private-v...

eesmith 2y ago

Yes. And it's been this way for a long time. Rosa Parks was not the first to refuse to move to the back of the bus. She was, however, more suitable for the lawsuit. https://en.wikipedia.org/wiki/Rosa_Parks#Refusal_to_move https://en.wikipedia.org/wiki/Rosa_Parks#Refusal_to_move Plessy's "violation" of the despicable Separate Car Act was staged, with the conductor and private detective part fully aware of the planning. https://en.wikipedia.org/wiki/Homer_Plessy https://en.wikipedia.org/wiki/Homer_Plessy points out that the early test case planning included looking for a woman of "not more than one-eight colored blood" as the possible plaintiff.

onemoresoop 2y ago
It’s also the timing that matters so it makes it more like the straw that broke the camel’s back. That also is part of making it more marketable.
cb321 2y ago
Your historical examples are absolutely fantastic! A more fictionalized dramatization might be season 4 episode 9 of _The Good Wife_ trying to get a DOMA test case (https://en.wikipedia.org/wiki/The_Good_Wife_season_4 https://en.wikipedia.org/wiki/The_Good_Wife_season_4) which focuses on the need to lose at the initial trial because SCOTUS is part of the appellate court system. (And, of course, you probably need to lose at state-level appeals as well.)