(03-10-2018, 11:05 AM)robkelk Wrote: EDIT: Oh, and isn't there a law saying a US government cannot be sued unless it agrees to be sued? Or is that just at the federal level?
From Wikipedia and other places:
Quote:State sovereign immunity does not extend to cases where a plaintiff alleges the state's action is in violation of the federal or state constitution. In Department of Revenue v. Kuhnlein, the Florida Department of Revenue claimed that sovereign immunity prevented plaintiffs from bringing a case that alleged that a tax violated the Commerce Clause and, furthermore, that if the tax was unconstitutional, the refund request could not be given because it did not comply with state statutes for tax refunds. The Florida Supreme Court rejected those arguments, stating: "Sovereign immunity does not exempt the State from a challenge based on violation of the federal or state constitutions, because any other rule self-evidently would make constitutional law subservient to the State's will. Moreover, neither the common law nor a state statute can supersede a provision of the federal or state constitutions."
Could it succeed? Well, the 2nd amendment has been interpreted so broadly that it may. I've been reading up on it, including Federalist 29, and 46, and barely can make heads or tails of how we went from militias under Congress and State control to whatever interpretation allows people to assert that any kind of regulation is impossible.
“We can never undo what we have done. We can never go back in time. We write history with our decisions and our actions. But we also write history with our responses to those actions. We can leave the pain and the damage in our wake, unattended, or we can do the work of acknowledging and fixing, to whatever extent possible, the harm that we have caused.”
— On Repentance and Repair: Making Amends in an Unapologetic World by Danya Ruttenberg
— On Repentance and Repair: Making Amends in an Unapologetic World by Danya Ruttenberg