From ABC
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In an act that combines tort reform with blasphemy, Nebraska State Senator Ernie Chambers (D-Omaha) has decided to sue God in order to protest another lawsuit to which Nebraska is a party.

Here is what happened, as far as I can tell. In Nebraska, you can’t use the word “rape” to describe a rape in court during a Sexual Assault case. (Indeed, the word “rape” is considered so charged as its very use in describing the crime is thought to deprive persons of their 5th and 14th amendment rights in many states.) A woman used the word “rape” to describe the rape she alleged had happened to her. A judged said she can’t do that, so she sued the judge for violating her free speech rights. This lawsuit has nothing to do with the outcome of the case, apparently. Rather, it looks like the woman suing is trying to make a payday out of the judge’s injunction. Well, her case was dismissed, probably on the grounds that the 1st Amendment really doesn’t exist in a courtroom and a judge can, for the sake of order and justice, stifle speech to the point of having a defendant “bound and gagged” (which is where the phrase comes from, by the way.) She is now presumably taking her case to the Federal Court which will deny cert because, as Sen. Chambers points out, the Feebs always let the states handle their own procedural matters unless there is a real constitutional question and, if there is, it would then (normally) have to be answered by the court of last resort in the state (here, the Supreme Court of Nebraska) before being appealed to the Federal courts.

Chambers, who is irreligious and known as an anti-Christian bigot, has decided to show his disapproval of frivolity of these proceedings by suing God. ABC summarizes his case:

Chambers says in his lawsuit that God has made terroristic threats against the senator and his constituents, inspired fear and caused “widespread death, destruction and terrorization of millions upon millions of the Earth’s inhabitants.”

(…)

[Chambers] also says God has caused “fearsome floods … horrendous hurricanes, terrifying tornadoes.”

He’s seeking a permanent injunction against the Almighty.

Paranoia, bigotry, statism, and hubris all come toghether to make the Senator look more like an ass than the object of his protest.

This whole thing reminds me of the case I studied in law school wherein the plaintiff, a mentally disturbed man, sued the Devil for ruining his life. The court dismissed the case, based on two simple procedural reasons. First, according to most experts, the Devil resides in an incorporeal realm or a realm at least beyond the bounds of the known physical universe, making it impossible to ascertain personal jurisdiction over the Devil or to serve notice of the suit in the case that the plaintiff could show that court had subject matter jurisdiction. Second, the Devil, being an immortal spirit and non-human, was a person, but not a moral or legal person capable of being subjected to the authority of the state.

You might say that the court, without denying the badness of the devil, “gave the devil his due.”

WAC 

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