http://www.coyoteblog.com/coyote_blog/2009/03/what-about-the-rest-of-us.html Dispatches from a Small Business Sun, 12 Feb 2012 09:39:47 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.coyoteblog.com/coyote_blog/2009/03/what-about-the-rest-of-us.html/comment-page-1#comment-17771 Vercingetorix Sun, 29 Mar 2009 16:06:58 +0000 http://www.coyoteblog.com/?p=7489#comment-17771 I must disagree with Reason Magazine here. The Obama amicus brief is NOT "somewhat encouraging." In fact, it is discouraging-- though par for the course. For 30 or 40 years now one major procedural device for facilitating government officials' and their cronies' abuse of citizens has been making them immune to process. It is perfectly hollow to say "the plaintiff's rights were violated but the people who did it are immune to suit." Without a remedy there is no right. Besides immunizing themselves, bureaucrats have also immunized banks, insurance companies, telephone companies, and nearly everyone else, provided, of course, that they're assisting bureaucrats to oppress people. "Immunity envy" afflicts all bureaucrats and their pet contractors now-- every time one of them misbehaves and gets hailed into court s/he claims immunity and the courts generally grant it. It's the ancien régime all over again with government and quasi-government actors as the first and second estates. There may be no remedy short of "les aristocrates à la lanterne!" I must disagree with Reason Magazine here. The Obama amicus brief is NOT “somewhat encouraging.” In fact, it is discouraging– though par for the course. For 30 or 40 years now one major procedural device for facilitating government officials’ and their cronies’ abuse of citizens has been making them immune to process. It is perfectly hollow to say “the plaintiff’s rights were violated but the people who did it are immune to suit.” Without a remedy there is no right. Besides immunizing themselves, bureaucrats have also immunized banks, insurance companies, telephone companies, and nearly everyone else, provided, of course, that they’re assisting bureaucrats to oppress people. “Immunity envy” afflicts all bureaucrats and their pet contractors now– every time one of them misbehaves and gets hailed into court s/he claims immunity and the courts generally grant it. It’s the ancien régime all over again with government and quasi-government actors as the first and second estates. There may be no remedy short of “les aristocrates à la lanterne!”

]]> http://www.coyoteblog.com/coyote_blog/2009/03/what-about-the-rest-of-us.html/comment-page-1#comment-17750 Sean Wise Sat, 28 Mar 2009 14:31:43 +0000 http://www.coyoteblog.com/?p=7489#comment-17750 Qualified immunity for an unclear law...it worked for Geitner. Oh wait, I'm sorry, that was clear violation. I misspoke. Qualified immunity for an unclear law…it worked for Geitner. Oh wait, I’m sorry, that was clear violation. I misspoke.

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