Monday, November 13, 2006
In a post last week, we reported from the New York Times that the Democratic Party mobilized 7000 lawyers for election day. Quote: “We’re not going to make the mistake we did last time, which was to wait until after the election for litigation.” Or wait to know what one might sue for. This is an entirely new function of the Federal Declaratory Judgment Act: a lawsuit to have the judge declare what the suit is about. If so, essentially it can become the Federal Placeholder Act.
Presumably most of those pre-suits were voluntarily dismissed later. So the 7000 lawyers became unexpectedly available for pro bono work. We at LPB congratulate them for taking on massive amounts of pro bono work this past week and only regret that it was not reported at all, anywhere. Perhaps the lack of any publicity about it is due to a failure to sue for these clients in advance of knowing what the legal complaint is.
More likely, the 7000 lawyers became available for representing Britney Spears and Kevin Federline as well as their dependents (i.e., The National Inquirer and People, the latter having declared It's A Girl! though Spears had another boy). The parties are not diverse so they will not be able to file in or remove to K-Fed Court. However, the children's own attorneys are entitled to seek double-wide declaratory relief if not a demurrer; they are understandably afraid of both parents' obvious entitlement to Adult Support. [Alan Childress]