Frivolous litigation abounds. Today the Democrats added two lawsuits to the ever-growing list of non-meritorious filings. First, Congressman William Lacy Clay sued in Washington, D.C., to protest removal of a painting from a display in a corridor of the Capitol. We reported on that controversy here. The painting, one of around 400 winners of the Congressional Arts Competition, depicts pigs dressed as policemen shooting innocent blacks:
Congressman Clay asserts that removal of the painting from the Capitol corridor violated the First Amendment rights of the constituent who painted it. The Associated Press, in reporting on Clay’s lawsuit, never mentions the reason why the painting was removed: it violated the rules of the competition, which prohibit art works “depicting subjects of contemporary political controversy.” Not to mention, of course, that the disgusting painting is wholly inappropriate to be displayed in the Capitol. As, for example, a painting advocating lynching would be.
Dumb lawsuit number two comes from Iowa, where AFSCME alleges that a law just passed by the Iowa legislature, which eliminates collective bargaining on certain issues for most public sector unions, violates the state’s constitution. The statute, similar to one that Wisconsin adopted a few years ago, is sure to be upheld.
What constitutional provision does AFSCME say the law violates? This one:
All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.
If you don’t think that provision applies, you’re right. It doesn’t.
All across the country, Democrats are losing because they fail to convince voters they are right on the issues. Filing silly lawsuits to try to slow the party’s decline may just accelerate the process.