Just a Man
So the government is breaking the law and you can't sue them to correct that without first getting the very same government that's breaking the law to agree to let you sue them. :shakehead:
That has always been the law in this country. I am a little shocked that you are just now learning this.So the government is breaking the law and you can't sue them to correct that without first getting the very same government that's breaking the law to agree to let you sue them. :shakehead:
That's not the case. The Supreme Court ruled in 2017 in Lathrop v. Deal that the proper vehicle was to sue the officer in his individual capacity, and if he cannot claim following the law as a defense because an unconstitutional law offers no protection.In his individual capacity he could claim the protection that he is just following the law. It is his official capacity (the government's enforcement of an unconstitutional law) that must be challenged.
There seems to be a misconception about the source of sovereign immunity. While it can be traced back to Roman times, the current form as it exists in Georgia is derived from the state Constitution, ratified by the people of Georgia in 1983. If they wanted to retain the right to sue the government, they should not have given it up 36 years ago.The "courts" have seriously gone power-mad creating nonsense like "sovereign immunity." That kind of garbage may have flown in feudal England, but has no place in a modern well-run society.