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  1. #9
    Join Date
    Oct 2014
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    Default Re: The Trump Lawsuit by Crew. What Are Your Thoughts

    Quote Quoting jk
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    Can you suggest an example of where you would have such an injured party?
    Again, leaving aside the specifics of the CREW lawsuit, suppose that Allied Aircraft LLC (AA) bribes a federal contracting official in the Defense Department to assure that its new bomber wins an Air Force contract. Better Bombers Inc (BB) had a competing bomber bid up for the same contract and lost. BB contends that it would have won the contract but for the bribe AA paid the contracting official. It would thus have standing to sue because it suffered a specific injury as a result of AA’s bribe. But you or I would not have have standing to sue over AA’s bribe alleging that taxpayers have been harmed by granting a contract that presumably was not the best option and thus cost the government more than it should because there is no harm specific to us from that bribe.

    As I said before, there are some claims of illegal action by the government for which no one will have standing to sue because no one is suffering a specific harm from the action. There is no principle in our law that says that citizens ought to have a remedy in court for every wrong done by government. Much of what government does is not reviewable by a court. Those are matters that must be addressed, if at all, in the political arena. And that is how it ought to be, frankly, as I would not want the courts to be the ultimate arbiter of government policy. We are not a nation of the courts, by the courts, and for the courts but rather a nation of the people, by the people, and for the people. We hash most of these issues out in elections.

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