Equal Protection

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Equal Protection

Two important lessons can be learned from the following two stories. The stories are an example of the power of an absolute government and its citizens inability to obtain fair and equal treatment thereunder.

1) Government frequently and routinely asks and receives dismissals against themselves or a big corporation and;
2) Private citizens, increasingly, cannot apply to those invested with the power of government for redress of grievances.

Government lawyers asked a judge Friday, May 23, 1997 to dismiss a lawsuit arising from the FBI files controversy, disputing allegations that the White House gathered material on Republicans for political espionage.

Justice Department lawyers asked U.S. District Judge Royce C. Lamberth to dismiss the lawsuit filed on behalf of 700 former White House employees whose FBI background files were sent to the White House Office of Personnel Security.

Attorney Larry Klayman, who filed the case, argued that he needs to question government witnesses to determine whether the files were gathered for political purposes and disseminated in a manner that violated the privacy of former White House employees.

"The files were obtained for the purpose of political espionage," Klayman argued. Because the files were retrieved when President Clinton was under attack by Republicans, it appears "that the White House is looking for something to dig up on the opposing party," he said.

Klayman, who seeks to question Hillary Rodham Clinton, cited reports that former White House political consultant Dick Morris had blamed the first lady for the White House's acquisition of the files. The White House said Morris denied making the statement.

Lawsuits similar to this one are routinely dismissed in American's courts for insubstantial and idiotic reasons. An ex-University of Alabama student's lawsuit was dismissed over what the Judge determines to be a "lack of credibility."

In Tuscaloosa, Alabama, on May 23, 1997, the sexual harassment trial pitting a female college student against her former professor and lesbian lover ended after the judge said he doubted the student's credibility.

Dale Gray, sued the University of Alabama women's studies department alleging a failed relationship in 1994 had damaged her standing in the graduate program. Ms. Gray was attempting to show that her five-month relationship with Alice Parker caused a hostile academic environment an a relapse of past mental problems. She claimed that Dr. Parker forced her to leave the University of Alabama in early 1995 when the affair fizzled and college administrators failed to respond.

There was no jury in the trial, and Judge Nelson ruled against Ms. Gray before the defense called a single witness. Early in the day Friday he warned her lawyers of his doubts. Judge Nelson's impromptu dismissal also assesses all court costs against the former University of Alabama student.

-- No one can use the name of the State as the actor to redress a wrong due it in its governmental capacity except those authorized by the legislature, having exclusive power to legislate; it can and has conferred this right exclusively upon the governor and the attorney general. Powers v. United States Fid. & Guar. Co. 182 So. 758 (1938).

-- The legislature can properly limit the application of a law to one or more political subdivisions within the state, and base such limited application upon any reasonable factor, such as population. Young v. State, 283 Ala. 676, 220 So. 2d 843 (1969).

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