Let us not forget among the detritus1 of failed birther lawsuits, the one filed in Tennessee by John Dummett, the Liberty Legal Foundation (a group who usually works to protect the rights of children to wear Confederate Flags at school2). If not for the high bar for sanctions set by Orly Taitz and now Christopher-Earl : Strunk, we would be celebrating it as the leading example of the consequences of filing a frivolous lawsuit.
Plaintiffs appealed the decision in Liberty Legal Foundation v. National Democratic Party of the U.S.A. (sic) as to the order of the award of $10,565.23 for their filing a lawsuit that they should have know was frivolous for lack of standing (perhaps by having looked at 200 other failed lawsuits). They are not appealing the fact that they didn’t have standing to bring the lawsuit in the first place, just the cash award, which only addresses a small portion of the costs of actually defending the suit ($69,932.50).
Featured following is the defense motion to dismiss the appeal for lack of jurisdiction. I had never heard of a motion to dismiss an appeal before, but here one is and it is based on an argument that the appeal is technically defective (filed wrong) and because it was filed wrong, the Court of Appeals can’t hear it.
1This is the first time I have ever used this word in a sentence.
2The local high school sports team mascot is the “Rebels.”