{"id":7141,"date":"2004-10-21T07:16:09","date_gmt":"2004-10-21T14:16:09","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/wp\/2004\/10\/21\/you-dont-have-standing-if-you-dont-have-legs.html"},"modified":"2004-10-21T07:16:09","modified_gmt":"2004-10-21T14:16:09","slug":"you_dont_have_s","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2004\/10\/21\/you_dont_have_s.html","title":{"rendered":"You don’t have standing if you don’t have legs …"},"content":{"rendered":"

Okay, that was a little legal joke, but the Ninth Circuit has confirmed that whales and other cetaceans don’t have the right to sue<\/a> in US courts.<\/p>\n

We are asked to decide whether the world’s cetaceans have standing to bring suit in their own name under the Endangered Species Act, the Marine Mammal Protection Act, and the Administrative Procedure Act. We hold that cetaceans do not have standing under these statutes.<\/p>\n

The question was brought up regarding the Navy’s Surveillance Towed Array Sensor System Low Frequency Active Sonar, which has been accused of hurting cetaceans<\/a>.<\/p>\n

Sooner or later, I suspect, a suit of this sort will go through. And then, boy, all hell’s gonna break loose.<\/p>\n

(via BoingBoing<\/a>)<\/small><\/p>\n

UPDATE: More info here<\/a>.<\/p>\n

A three-judge panel of the Court of Appeals for the 9th Circuit in San Francisco, widely considered one of the most liberal and activist in the country, said it saw no reason animals should not be allowed to sue but said they had not yet been granted that right.<\/p>\n

“If Congress and the President intended to take the extraordinary step of authorizing animals as well as people and legal entities to sue they could and should have said so plainly,” Judge William A. Fletcher wrote in an 18-page opinion for the panel.<\/p>\n","protected":false},"excerpt":{"rendered":"

Okay, that was a little legal joke, but the Ninth Circuit has confirmed that whales and other cetaceans don’t have the right to sue in US courts. We are asked…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[9],"tags":[],"class_list":["post-7141","post","type-post","status-publish","format-standard","hentry","category-politics-law"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":27017,"url":"https:\/\/hill-kleerup.org\/blog\/2012\/03\/09\/citizen-flipper.html","url_meta":{"origin":7141,"position":0},"title":"Citizen Flipper","author":"***Dave","date":"Fri 9-Mar-12 5:39pm","format":false,"excerpt":"A couple of thoughts here:1. While I understand the reasoning behind it, I don't like the idea of \"rights\" being equated to \"obligations by the government.\" Maybe it's that Declaration of Independence upbringing in me, but it makes me want to think of some other term.2. I think it's reasonable\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":23929,"url":"https:\/\/hill-kleerup.org\/blog\/2011\/11\/21\/prop-8-and-the-eventual-scotus-ruling.html","url_meta":{"origin":7141,"position":1},"title":"Prop 8 and the eventual SCOTUS ruling","author":"***Dave","date":"Mon 21-Nov-11 11:11am","format":false,"excerpt":"Everyone pretty much figures that the Nine Circuit will uphold the strike-down of Prop 8 in California, even with the proposition's supports granted standing by the California Supreme Court; the Ninth Circuit might not go along with that standing (Federal rules are more strict), but either way, it go to\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":38797,"url":"https:\/\/hill-kleerup.org\/blog\/2013\/09\/22\/you-can-have-a-democracy-if-the-government-is-allowed-to-lie.html","url_meta":{"origin":7141,"position":2},"title":"You can’t have a democracy if the government is allowed to lie","author":"***Dave","date":"Sun 22-Sep-13 11:39pm","format":false,"excerpt":"Never mind the question of whether the government overuses its \"national security\" privilege to hide things that are only marginally related to national security. \u00a0If, in the name of \"national security,\" the executive branch is allowed to lie to the judiciary, without any repercussions, then one of the fundamental checks\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":132818,"url":"https:\/\/hill-kleerup.org\/blog\/2017\/02\/09\/the-stay-on-the-ban-is-upheld-for-the-etc.html","url_meta":{"origin":7141,"position":3},"title":"The stay on the ban is upheld for the etc","author":"***Dave","date":"Thu 9-Feb-17 7:49pm","format":false,"excerpt":"Yeah, it gets a little confusing. Let me see if I can 'splain.(1) Trump: Keep Muslim People Out(-ish).(2) Washington State: That's not right! It hurts us!(3) Federal Judge Robart: Until I decide on (2), (1) is temporarily suspended.(4) Trump: So-called judge! Terror deaths are now your fault!(5) Ninth Circuit: Until\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":26158,"url":"https:\/\/hill-kleerup.org\/blog\/2012\/02\/07\/george-takei-on-the-ninth-circuit-prop-8-ruling.html","url_meta":{"origin":7141,"position":4},"title":"George Takei on the Ninth Circuit Prop 8 Ruling","author":"***Dave","date":"Tue 7-Feb-12 1:49pm","format":false,"excerpt":"While nothing nothing has changed ... yet, until the Supreme Court passes final judgment on the inevitable appeal ... Takei remains hopeful:\"I am nearly 75 years old. I have lived through four wars, spent my childhood in two U.S. internment camps, and watched a nation go from segregation and Jim\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":133376,"url":"https:\/\/hill-kleerup.org\/blog\/2017\/04\/29\/women-can-be-paid-less-than-men-if-they-were-paid-less-before.html","url_meta":{"origin":7141,"position":5},"title":"Women can be paid less than men if they were paid less before","author":"***Dave","date":"Sat 29-Apr-17 10:56am","format":false,"excerpt":"Remember that zany ultra-liberal Ninth Circuit? The one always doing crazy things on a whim? Wonder if Trump will be critiquing this particular appeals ruling?'Employers can legally pay women less than men for the same work based on differences in the workers' previous salaries, a federal appeals court ruled Thursday.\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/7141","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=7141"}],"version-history":[{"count":0,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/7141\/revisions"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=7141"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=7141"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=7141"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}