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Wednesday, February 12, 2003
 

Silly-ass lawsuits, part 4

Two African-American passengers are suing Southwest Airlines over a rhyme used by a flight attendant: "Eenie, meenie, minie, moe; pick a seat, we gotta go."  They claim that the use of a rhyme with a racist history constituted discrimination against them. 

Two developments:  The flight attendant claims, in an amazing display of disingenuity, that she has never heard the "racist" version of the rhyme.  The judge, in an amazing abdication of judicial responsibility, is allowing the case to go forward.  (First mention: Overlawyered; second: How Appealing)

See also the OpinionJournal's take on this case:

More saliently, what other jackpots could be found in Mother Goose's nest? On the sexual front there's the sexual harasser Georgie Porgie, pudding and pie, who kissed the girls and made them cry. And there's the slander about boys being made of snips and snails and puppy-dog tails. An army of expert witnesses will testify that's untrue.

And its editorial ends with a position with which I wholeheartedly agree: that the case should be vigorously defended and not settled.  

Southwest has gotten to its place in the world by refusing to tolerate frivolous or extraneous costs. Here's hoping that ethic will force them to keep standing no matter what the loudspeaker says.

Update:  The winner of the Missing the Point Award is TAPPED Online, which mentions this lawsuit as "a good example of why the tort reform movement is going strong".  Whoooooshhhh. . .  Right past 'em. 


7:30:08 AM    

The Gov and the AG

Last year, we advocated for a constitutional amendment to make the office of Attorney General one which is appointed by the Governor rather than an elective one.  This idea was spurred by the charges made against then-candidate Jennifer Granholm by her fellow Democrats that she had, in her position as Attorney General, betrayed Democratic positions by filing briefs and taking positions as requested by then-Gov. John Engler.

Yesterday, Gongwer reported that Mike Cox, current AG, has simply declined a request by Gov. Granholm that he file an amicus brief supporting the University's position in the University of Michigan affirmative action case pending in the Supreme Court.  Cox's given reason: an amicus filing is unnecessary because all of the issues have already been raised.  Granholm, it is reported, will make the filing with her own in-house legal staff. 

This is a ridiculous position for the Governor to be put in.  Even though she is wrong on the merits, she is the Governor and she gets to make these decisions.  This episode underscores the fact that, in order to maintain political and legal consistency, the office of AG should be a governor-appointed cabinet position, and should no longer be elected.

Update:  New Dem chair Butch Hollowell is calling for Cox to resign


7:12:48 AM    


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