MCViewPoint

Opinion from a Libertarian ViewPoint

Imagine if You Could Choose Who Gets to Sue You | The Daily Bell

Posted by M. C. Fox on August 24, 2018

In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits

About a year ago, CBS News reported on the story of a Marine, Carmelo Rodriguez, who died of skin cancer that military doctors noticed but left untreated.

Rodriguez’s family cannot sue the government for malpractice – the law won’t let them.

https://www.thedailybell.com/all-articles/news-analysis/imagine-if-you-could-choose-who-gets-to-sue-you/

By Joe Jarvis

Most people use the term fascist to describe any political beliefs they don’t like.

But the best definition of fascism that I have heard is the means of production being controlled, but not owned, by the government. This is in contrast to socialism where the actual machines, factories, etcetera, are owned and operated by the government.

Trying to remove government control over the economy is therefore quite clearly NOT fascist.

On the other hand, practically every government regulation, bailout, subsidy, or grant is on the fascist scale.

Crony capitalism, protectionism, corporatism: this is fascism. This is where the government intervenes in the economy to pick the winners and the losers…

Another recent example of fascism is the trend of governments extending sovereign immunity to non-government entities.

Sovereign immunity means the government gets to decide if you can sue the government. This is bad enough–what happened to the right to petition for a redress of grievances?

But perhaps even worse, and squarely fascist, is when the government extends its sovereign immunity to private businesses.

So imagine it. Someone tries to sue you, and the court asks, “Would you like to be sued by this person?”

“Umm… No?”

Private Hospital Gets Sovereign Immunity

Better look into what agreements your hospital has with medical schools. These relationships might extend sovereign immunity against medical malpractice.

Yes, the hospital might get to decide if you are allowed to sue it for medical malpractice…

Then there are always the cases where a company will attempt to access the protectionist fascist system, but get denied.

Sovereignman has the recap:

Generic drug makers sued drug maker Allergan in an attempt to change its patent terms to allow competition.

Getting creative, Allergan transferred its patent to an Indian tribe.

The tribe then attempted to claim sovereign immunity to shield itself from the lawsuits. Sovereign immunity means the government gets to decide if they will allow someone to sue them.

Unfortunately for Allergan, the court ruled that the tribe cannot block the lawsuits…

That’s how things work in fascism. It is a struggle for political power. The market has little to do with success. The customer doesn’t get to choose or influence the outcome.

That is why the free market is the ultimate ideal. It gives the individuals the power to regulate. Everything else is some degree of fascism…

Be seeing you

economic fascism

 

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