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In cases like this where the court's hands appear to be tied by a bad law, an appeal usually reaches the Supreme Court which will rule on the constitutionality
by stanleydrew 14y ago
In cases like this where the court's hands appear to be tied by a bad law, an appeal usually reaches the Supreme Court which will rule on the constitutionality of the law right?
- gee_totes 14y agoIMHO, INAL, but I doubt this case will reach the Supreme Court. If you read the opinion, the 9th circuit court has basically declared that Al-Haramain has no standing to claim criminal damages against: a) The US Government or b) Officials in the US Government For this case to move forward, Al-Haramain would have to re-establish his standing to sue. To re-establish his standing to sue the US government, he would need to demonstrate in a higher court that the US has in fact waived its right to Sovereign Immunity (see my other post on this thread). To re-establish his standing to sue officials, he would have to establish that they acted maliciously or took some action that made them personally liable, as you can't really sue an office holder of the government for doing their job.