Westboroâs leader, Fred Phelps, and his organization. Mr. Snyder stated that the group intentionally inflicted emotional distress on him and his family, invaded their privacy, and was guilty of a civil conspiracy.
A trial commenced, and in October 2007 a jury found Phelps and his âchurchâ guilty, awarding the Snyder family nearly $11 million in damages. The judge in the trial, Richard Bennett, lowered the verdict to $5 million, but a satisfying judgment was in hand. Not for long, though.
Westboro appealed to the Fourth Circuit in Virginia, and three judgesâRobert King, Dennis Shedd, and Allyson Duncanâover-turned the guilty verdict on the grounds that what the fanatics did wasnât bad enough! The judges wrote, âAlthough reasonable people may disagree about the appropriateness of the Phelps protest, thisconduct simply does not satisfy the heavy burden required for the tort of intentional infliction of emotional distress under Maryland law.â
Are you kidding me? These judges believe there could be a debate about the appropriateness of the protest ? Really? Just what exactly is appropriate about screaming that God murdered a marine because his country wonât persecute homosexuals? Who exactly is going to defend that positionâ¦Satan?
The legal travesty those judges created is what I mean when I talk about being PINHEADS . Amazingly, two of these judges were appointed by President George W. Bush, so theyâre not left-wing loons. They just live in a world of words on paper. Lawbook Land. They are incapable of understanding true justice because they believe it occurs only in word form. Can you imagine any intelligent person writing that there could be an honest debate over the vicious actions of the Westboro nuts? Itâs impossible in the real world. But not in Lawbook Land.
Then the judges made the awfulness even worse.
Stunning all fair-minded people, they ruled that the Snyder family actually had to pay the Westboro loons more than $16,000 in court costs. At first I thought the judges had been compelled to do that by law after overturning a judgment. But no, it was a discretionary decision. On the Factor, attorney and Fox News anchor Megyn Kelly sided with the judges, explaining that it is âcustomaryâ for the loser of an appeal to pay the winner. Megyn further explained that Al Snyder was late in objecting to the judgeâs ruling (Snyderâs attorney denies that), so you canât blame the judges.
I canât blame the judges? Of course I can. They made the wrong call on appeal and rubbed the Snyder familyâs faces in it. Talk about cruel and unusual punishment! The interruption of the funeral was an extreme case of blatant wrongdoing. Itâs not some run-of-the-mill civil beef. A manâs son is killed, and vile people mock his death at the funeral? And judges who have the power to punish that actiondo not? And then actually reward the evildoers? Where are weâ¦in North Korea?
Megyn Kelly thinks Iâm a Pinhead because I donât consider legal precedent, and sheâs right, I donât. The three federal judges did not have to charge the Snyder family court costs. But they did. I donât give a damm about three robes hiding behind law journals. They did the wrong thing, morally. They could have legally set aside the court cost issue, but they did not.
Reasonable people may disagree about the appropriateness of the courtâs action, to borrow some of the most stupid words Iâve ever heard from a judge. And I do disagree.
There comes a time when American judges should simply do the conscionable thing. Our justice system was designed to right wrongs, but Pinheads who often see themselves as guardians of the legal gate pervert that intent.
Still believing in the American system, the Snyder family is taking the case to the Supreme Court, where I am hopeful reason and justice will prevail. There is no question that Phelps