The Answer Is NOT To Migrate Away From Loser Pays

J.J. Jackson* | December 28, 2005

Rep. John Hostettler, R-Ind., is proposing an amendment to the Civil Rights Attorney’s Fees Act of 1976, 42 U.S.C. Section 1988 reports WorldNetDaily.

The bill would prohibit judges in civil suits involving the First Amendment’s Establishment Clause from awarding attorney’s fees to those offended by religious symbols or actions in the public square ? such as a Ten Commandments display in a courthouse or a cross on a county seal.

Wrong answer to the problem Rep. Hostettler!

We do not NEED another law and we do not NEED to move away from “loser pays”. What we DO NEED is for our elected representatives to start using their existing power to reign in those in the judiciary that would rewrite the Constitution and legislate from the bench. They already have that power over federal judges - it’s called impeachment! (Article 2, Section 4: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”)

Rep. Hostettler’s bill is simply an attempt help Congress avoid having to do it’s job.

Loser pays is a good system. It helps prevent the bringing of frivolous lawsuits because you had better be sure you have a case if your own money is on the line should you lose. What the removal of loser pays would also do is prevent local governments that are victorious against the ACLU from reaping the benefit of reclaiming their attorney?s fees.

Instead of another law on the books to increase federal power we need the Congress to use the powers it already has but is too cowardly and weak willed to. When a judge rules that the first amendment says something about the government being allowed to prevent the free exercise of religion impeach them. End of story.

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