Re:U.S. Capitol Locked Down Amid Escalating Protests
by dragonwriter on Thursday January 07, 2021 @01:41PM
(#25675279)
> The issue here is that even the civil filings were not taken by the court,
Yes, they were taken by the court. That the actual specific filings were, generally, found to be legally deficient when taken by the court is different than them not being taken.
> they were dismissed due to technicalities
“You haven’t stated an claim that, if taken as true, would involve a violation of the law” is not a technicality.
“You have not stated a claim to which, if taken as true, there would be a remedy under the law that a court could give” is not a technicality.
“You have not stated a claim in which, if taken as true, you are the legally harmed party, and thus entitled to seek a remedy” is not a technicality.
These are all fundamental, (and, at least in the federal courts, Constitutional), limits on the applicability of the judicial power.
“You have deliberately and unreasonably delayed this claim from when, if it is taken as true, you knew about it and could have acted on it, such that, even were it valid, it would no longer have a remedy that would not unduly impact the legal rights of others,” is not a technicality, its a rule of justice.
Yes, they were taken by the court. That the actual specific filings were, generally, found to be legally deficient when taken by the court is different than them not being taken.
> they were dismissed due to technicalities
“You haven’t stated an claim that, if taken as true, would involve a violation of the law” is not a technicality.
“You have not stated a claim to which, if taken as true, there would be a remedy under the law that a court could give” is not a technicality.
“You have not stated a claim in which, if taken as true, you are the legally harmed party, and thus entitled to seek a remedy” is not a technicality.
These are all fundamental, (and, at least in the federal courts, Constitutional), limits on the applicability of the judicial power.
“You have deliberately and unreasonably delayed this claim from when, if it is taken as true, you knew about it and could have acted on it, such that, even were it valid, it would no longer have a remedy that would not unduly impact the legal rights of others,” is not a technicality, its a rule of justice.