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SAN DIEGO (AP) — A federal court is being asked to grant constitutional rights to five killer whales who perform at marine parks — an unprecedented and perhaps quixotic legal action that is nonetheless likely to stoke an ongoing, intense debate at America's law schools over expansion of animal rights.
The chances of the suit succeeding are slim, according to legal experts not involved in the case; any judge who hews to the original intent of the authors of the amendment is unlikely to find that they wanted to protect animals. But PETA relishes engaging in the court of public opinion, as evidenced by its provocative anti-fur and pro-vegan campaigns.
People for the Ethical Treatment of Animals is accusing the SeaWorld parks of keeping five star-performer whales in conditions that violate the 13th Amendment ban on slavery. SeaWorld depicted the suit as baseless.
The practice of keeping killer whales in captivity has proven to be detrimental to the health and safety of animals and trainers alike. On Christmas Eve, 2009, trainer Alexis Martinez was killed by a male captive bred orca named Keto, who was on loan from Sea World to a facility called Loro Parque, in the Canary Islands, Spain. Two months later, on 24 February 2010, trainer Dawn Brancheau was killed by Tilikum, an animal involved with two previous human fatalities. Medical Examiner (ME) reports described massive trauma to both Dawn and Alexis. Neither death was accidental.
In one particularly brutal example, Kandu V, a female orca at Sea World of California (SWC), bled to death after 11.9 years (4332 days) in captivity when an artery was severed at the upper jaw (See Appendix A). The wound was self-inflicted as she collided with another whale in a display of dominance. Over the next 45 minutes, and in view of the public, she slowly bled out, spouting blood from her blowhole until she died.
After “tooth drilling” is complete, trainers must irrigate (flush) the bored out teeth two-three times each day, for the rest of the orca’s life, to prevent abscess, bacteremia, and sepsis. (Kalina’s reported cause of death, “acute bacterial septicemia,” should make one ponder how bacteria entered her bloodstream.
Originally posted by projectvxn
This will get tossed out of court very quickly.
PETA people are insane.
A frivolous lawsuit is a lawsuit which lacks both legal and evidentiary support. It may present arguments that not only lack legal support but also lack any logical or rational support. It is a claim that does not just have weak evidence, but lacks any evidence. Even where the law does not currently recognize a claim, there may be logical reasons that such a claim should be recognized now and in the future. Likewise, evidence which may appear weak to some may be persuasive to others. However, on occasion a claim may lack both a logical basis and any evidentiary support. These are the claims that are frivolous
Hamilton had written that through the practice of judicial review the Court ensured that the will of the whole people, as expressed in their Constitution, would be supreme over the will of a legislature, whose statutes might express only the temporary will of part of the people.
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.