If there was any doubt about the jackassery in the White House and DOJ we’ve been saddled with this makes it clear.
Just when you thought the lawlessness of the most lawless administration in history couldn’t get worse, the Department of Justice files another legal brief.
In response to a class action lawsuit by as many as 3,500 ready-to-hire air traffic controller applicants whose names were “purged” so the Federal Aviation Administration could hire based on race, federal lawyers asserted that the administration is immune from liability for denying constitutional equal protection because of sovereign immunity. In other words, they claim protection by the legal maxim rex non potest peccare, which means, “the king can do no wrong.”
Click through and read the whole thing. I can’t wait for this menace to be out on the curb.
I do recall, from an ancient high school civics text, this legal maxim being a real and relevant thing. My vague recollection is that it meant you required the government’s permission to bring suit against the government. There’s presumably codified or customary circumstances under which this is or isn’t relevant/applicable. Does this application fall with the range of “normal”?
As a non-lawyer reading Wikipedia on U.S. sovereign immunity, here is my simple understanding; Sovereign Immunity is waived by law for torts, specifically so there can be redress for unintentional government negative acts. (not waived for intentional negative acts, eg, criminal law should apply then.) This seems to qualify as a negligent not criminal act so SI should be waived.