I'm pretty excited about the GOP lawsuit against the administration because it turns out they are coming into my little world of trial law. There are rules and case law here that govern how to deal with ridiculous law suits like this one.
They even provide for getting rid of lawsuits before the GOP can ask a single question or demand a single document or hold a single deposition.
Turns out that, unlike State courts, Federal courts have limited jurisdiction. There must be a certain amount in controversy or have a unique Constitutional question.
So I feel pretty good about this thing going away in a big damn hurry.
Let me introduce you to the Federal Rules of Civil procedure. Its a set of 86 rules covering several large areas within trial law including starting cases, discovery, trial and post trial. Its pretty complete and we spend a lot of time on it in law school.
Among these include rule 12 entitled: "Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing" I want to introduce you to two specific sections 12(b) and 12(c).
12(b) provides:
"(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
(1) lack of subject-matter jurisdiction;
(2) lack of personal jurisdiction;
(3) improper venue;
(4) insufficient process;
(5) insufficient service of process;
(6) failure to state a claim upon which relief can be granted; and
(7) failure to join a party under Rule 19"
12(c) is the mechanism for making it all go bye-bye:
"(c) Motion for Judgment on the Pleadings. After the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings."
So there you have it. Very simple really. Federal courts can hear cases that have unique federal questions or in disputes between people of 2 states with more than $75,000 in controversy.
Given all this there are likely 2 ways to trip up the GOP case by the time the first conference hearing is set: There is no subject-matter jurisdiction and there will be a failure to state a claim upon which relief can be granted (Rule 12(b)(1) and Rule 12(b)(6).
did the GOP make another boo boo? if this guy is correct than they are guilty once again of leaping before looking, the sad part is they have had ample time since they blurted this out to check and see if there was any legal legs to stand on. but I guess given their propensity to corruption and deception they never consider what's right and what's wrong. like their beat down on ObamaCares same thing they had years to come up with their own plan and to date they still haven't warmed over Ryan voucher plan with a few word changes so they are saying the same thing just differently
