Resolved in the Political Process, and Not the Courts?! Time to Take Action!
In response to comment in article: Paul Cassell, a former federal judge who teaches law at the University of Utah, said the complaint is “close to a frivolous lawsuit.” “These kinds of issues need to be resolved in the political process,” he said, and not the courts.
Hello Professor Cassell,
I wanted to privately send you a response without the presses involvement, on your comments to my “cause of action” against Senator Orrin Hatch.
Paul Cassell, a former federal judge who teaches law at the University of Utah, said the complaint is “close to a frivolous lawsuit.” “These kinds of issues need to be resolved in the political process,” he said, and not the courts.
All thought in most circumstances Professor, I would agree with you. However, in this specific event, with the time sensitivity and negative outcome for millions of Americans that suffer with this disease, a more expedient action was warranted. The FDA has been petitioned hundreds of times by people that are private citizens to the ranking leadership of the many Celiac/Gluten Free foundations across the US that represent some 9 + million people in the Country alone.
Being close to frivolous is not the same as frivolous. Even then the current precedents do not support our abilities as citizens to hold legislatures accountable in a court of law for not doing their jobs, does not mean that this will never change. If you had a child as I do, and tens of thousands of other parents do, who’s little bodies are tearing themselves apart from the inside, consider that you may have a slightly different opinion of this case and why it is so vital. Professor, I would offer you, for your consideration, that this case may save thousands of lives in this country. Would it not be morally repugnant and irresponsible of me as a citizen not to stand against the apathetic feelings of all legislatures that choose not to do their jobs and protect the people with their vote and voice in DC. If not ME then who? If not NOW then when?
I cannot stand idly by and watch while a moral injustice happens! Knowing full well of the lives of my fellow citizens (75% are Women and Children) that will be lost. Although, I would feel under most circumstances’ I would agree that the political process would be the best place to start the redress, now, the time has passed for that. Now, we must take a stronger and more direct approach to change. This is why the Founding Fathers set up the different branches as you know to have checks and balances in our government. No one branch, Legislative, Judicial, or Executive can ever claim that their decisions cannot be suspect by the other 2. Pres. Obama attempted that in the past months that the Judicial Branch has no authority to have a judicial review of his decision. Amazingly enough he is a constitutional attorney. We all saw in living color how that ended.
I submit to you Professor, that no one man is above the Law. That no one man regardless of his standing as an ordinary rustic (citizen) or a prominent US Senator is above judicial review for his actions in Our names. I submit to you professor that this is a very valid case that deserves to be heard. Keeping in mind that I personally as a US citizen have the Right to redress in a Court of Law for what I personally feel is an injustice against Americans that have no-one else to stand for them and say, “Enough is Enough!” I would suggest that you consider this action as a Judge would. Let a jury decide the merits of this case. An idea would be for you to use this case as a test in your classes. Divide the class into 2 sides. One side “for” and one side “apposed”. Let them do the research to find if there truly is legal standing to challenge the most Senior US Senator on Capitol Hill. I personally believe that you would be very surprised what the result would be.
Professor Cassell, I wrote you back not in a contentious moment but as an offering of understanding to you for your further consideration. I look forward to your response. Thank you for being respectful enough to take the time to read and consider my response. That is all I could ask for!
Timothy W. Lawson
CEO / Founder
New Grains Gluten Free Bakery LLC
766 East 2950 North
Provo, Utah 84604
(801) 687-5151 MB#
“Certified Gluten Free”
Changing peoples lives One “Loaf” at a time!
Entry filed under: Gluten Free Labeling. Tags: Celiac, celiac disease, celiac sprue, fda, food and drug administration, Gluten Free, gluten free baking, gluten free labeling, gluten intolerance, Tim-Lawson.