Appeals Court Forced to Honor Procedure in Fred Phelps Case

Many bloggers have been upset over the recent Fourth Circuit Appeals decision forcing the father of a slain marine to pay the court costs of Fred Phelps' "God Hates fags" group who were protesting his so's funeral. I do not blame the bloggers in spirit--Phelps and his clan are disgusting--but the decision was the legally correct one. the judges wrre bound by Federal Rule of Procedure 39:

(a) Against Whom Assessed. The following rules apply unless the law provides or the court orders otherwise:

(1) if an appeal is dismissed, costs are taxed against the appellant, unless the parties agree otherwise;

(2) if a judgment is affirmed, costs are taxed against the appellant;

(3) if a judgment is reversed, costs are taxed against the appellee;

(4) if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are taxed only as the court orders.

It would appear Phelps had the $11 million suit against him dismissed on appeal and can recoup his court costs from the loser. as bad as it offends human decency, Phelps and his family were protesting the Marine's funeral on public property. Many states have now enacted laws forbidding the practice, but they unfortunately cannot not retroactively.

This goes to show two things: one, the law is an ass and two, the total depravity tenet of TULIP Calvinism is demonstrably true.