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Court Says Whales, Dolphins Cannot Sue Bush
http://story.news.yahoo.com/news?tmpl=story&cid=585&e=2&u=/nm/20041020/sc_nm/environment_whales_dc ^ | Wed Oct 20

Posted on 10/21/2004 3:02:48 AM PDT by notkerry

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


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; Political Humor/Cartoons; Politics/Elections
KEYWORDS: animalwhackos
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LOS ANGELES (Reuters) - The world's whales, porpoises and dolphins have no standing to sue President Bush (news - web sites) over the U.S. Navy (news - web sites)'s use of sonar equipment that harms marine mammals, a federal appeals court ruled Wednesday.

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

"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.

The lawsuit was brought against Bush and Defense Secretary Donald Rumsfeld on behalf The Cetacean Community -- defined as the world's whales, porpoises and dolphins -- by their self-appointed lawyer, marine mammal activist Lanny Sinkin.

Sinkin claimed in the lawsuit that the U.S. Navy had violated the Endangered Species Act with its use of long range, low frequency sonar that can cause tissue damage and other injuries to marine mammals.

Sinkin could not be reached for comment on the 9th Circuit's decision, which upheld a lower court ruling.

1 posted on 10/21/2004 3:02:48 AM PDT by notkerry
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To: notkerry

There's some cats around my house that must be kept from seeing a Jacoby & Meyers commercial, that's for certain!


2 posted on 10/21/2004 3:07:41 AM PDT by good_fight
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To: notkerry

Apparently the whales and dolphins need to hire better sharks.


3 posted on 10/21/2004 3:10:24 AM PDT by PBRSTREETGANG
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To: notkerry

Lawyers seek rights for great apes
March 19, 2000 Seattle, Washington

"Steve Ann Chambers, president of the Animal Defense Fund, stated that animal law is the next legal frontier; it stands where environmental law did 25 years ago. Many law schools now teach animal law, and there are many lawyers currently practicing some form of animal law. While the more radical activists groups receive most of the press, the lawyers have been working behind the scenes to enhance animal protection. The lawyers have chosen to start their movement with four apes, the chimpanzee, gorilla, bonobos and orangutans, because they are genetically very similar to humans and therefore probably have the best chance of winning in court. Increasingly legal experts (whether they support the cause or not) are saying a case is inevitable."

http://www.wminteractive.org/Articles/wa3-19.htm


4 posted on 10/21/2004 3:12:54 AM PDT by endthematrix (Bad news is good news for the Kerry campaign!)
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To: notkerry
Judge William A. Fletcher wrote in an 18-page opinion for the panel.

If it takes 18 pages to explain why whales don't have the right to sue, I have very little hope for the future of this country. I know it's the ninth circuit, but this can't be for real.

I have to believe deer hunters will soon be charged with murder.

5 posted on 10/21/2004 3:15:50 AM PDT by j. earl carter (Nader got kicked off in Ohio, I am a disenfranchised voter demanding my civil rights)
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To: notkerry

I ain't seen Bush out on a raft spearing whales lately. But we have a bunch, MukLuks or whatever, out on the Olympic peninsula that did it not too long ago.


6 posted on 10/21/2004 3:15:55 AM PDT by djf
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To: djf
No matter how intelligent an animal appears to be, it can never tell you in anyway whatsoever that it came from poor but honest parents.
7 posted on 10/21/2004 3:19:06 AM PDT by Dallas59 ("A bad peace is even worse than war" -Taticus)
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To: notkerry

LOL!


8 posted on 10/21/2004 3:20:03 AM PDT by Jet Jaguar (Who would the terrorists vote for?)
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To: endthematrix
The lawyers working for the project in the US are currently working on issues such as whether an ape could be sworn in as a witness.

rofl

9 posted on 10/21/2004 3:23:30 AM PDT by j. earl carter (Nader got kicked off in Ohio, I am a disenfranchised voter demanding my civil rights)
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To: Dallas59

I suppose since I'm not vegetable or mineral, you're including me.

My hound has more common sense than many folks I've met.


10 posted on 10/21/2004 3:23:35 AM PDT by djf
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To: notkerry

This has been going around since the 80s, when a law review article appeared called, "Do Trees have Standing?"


11 posted on 10/21/2004 3:41:44 AM PDT by Acton
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To: notkerry
A three-judge panel of the U.S. 9th Circuit Court of Appeals in San Francisco,

Beware of anything that starts with this phrase.

12 posted on 10/21/2004 3:44:31 AM PDT by CheneyChick
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To: j. earl carter
In other news from the San Franfu*"#ng Crazy Frisco Sally Sardine from the "Lawyers for Forgotten Canned Fish Action Group." is about to launch a class action suite against John West.

Her thesis at law school was entitled...

"Jurisprudence and the Rights of Ocean Going Jellyfish."
13 posted on 10/21/2004 3:48:35 AM PDT by Bandaneira (The Third Temple/House for All Nations/World Peace Centre...Coming Soon...)
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To: notkerry

Everyone talks about animal rights, but nobody talks about animal responsibilities.


14 posted on 10/21/2004 3:49:12 AM PDT by good_fight
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To: notkerry
A three-judge panel of the U.S. 9th Circuit Court of Appeals in San Francisco, widely considered one of the most liberal and activist in the country, said it saw no reason why animals should not be allowed to sue but said they had not yet been granted that right.

Liberals are hysterical or would be if not in positions to do so much harm. I bet this bunch also advocates vegetable rights.

15 posted on 10/21/2004 4:05:24 AM PDT by stevem
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To: notkerry

I'm surprised that the 9th Circuit figured this out.


16 posted on 10/21/2004 4:06:22 AM PDT by Brilliant
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To: notkerry

Elizabeth Edwards and Ricky Williams tried to sue Bush??


17 posted on 10/21/2004 4:08:54 AM PDT by The G Man (George W. Bush: "Got wood?")
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To: notkerry
A three-judge panel of the U.S. 9th Circuit Court of Appeals in San Francisco, widely considered one of the most liberal and activist in the country, said it saw no reason why animals should not be allowed to sue but said they had not yet been granted that right.

Frankly, this type of language is disturbing from a major court. Grants are not granted by the government. They are recognized.

The reason why the "right of animals to sue" is not recognized is because it does not exist. Creatures without sentient thought are incapable of bringing up a lawsuit. The fact that the court even considered this case is a sign of the dumbing down of this country.

Then again, this IS the 9th Circuit Court of Appeals. This country will be better off when the whole lot of them are off the bench.

18 posted on 10/21/2004 4:09:38 AM PDT by MWS (Errare humanum est, in errore perservare stultum.)
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To: notkerry

Well, I'm sure glad that the taypayer's money is being put to such good use. This is a landmark decision and it was well worth the time, effort, and finances of the the US Government to defend themselves from the marine animals. Just imagine, if they were granted standing, this could open the door to all kinds of claims against the United States (does a dolphin born in the Monterey Bay have a right to citizenship? [Who would Flipper vote for???] Are elderly animals who are legal residents of the United States eligable for Social Security Benfits?).

The 9th Circus Court has definately earned it's salaries for this major decision. I feel safer knowing they are on the job . . .


19 posted on 10/21/2004 4:16:42 AM PDT by An.American.Expatriate (A vote for JF'nK is a vote for Peace in our Time!)
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To: notkerry
Court of Appeals .. said it saw no reason why animals should not be allowed to sue...

This is Scrappleface, right?
20 posted on 10/21/2004 4:21:36 AM PDT by clyde asbury (Feeling pretty psyched.)
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