At least there is resistance to insanity.
At least there is resistance to insanity.
Let's go Brandon !!!
My Revenge will be Success! - Donald J Trump
Time after time state legislatures waste everyone's time and the taxpayers' money creating and passing bills into law that have zero chance to face a court challenge. Is it pandering? Of course it is, and lawmakers from both sides of the aisle engage in it constantly. And when those laws are struck down and nullified by the courts, the ones being pandered to, regardless of Party affiliation, will cry about "unelected judges legislating from the bench". This time it was certain special interests on the Left that were being pandered to, but it won't always be.
“Civilized men are more discourteous than savages because they know they can be impolite without having their skulls split, as a general thing.” - Robert E. Howard
"Only a rank degenerate would drive 1,500 miles across Texas and not eat a chicken fried steak." - Larry McMurtry
DGUtley (05-17-2022),OLD GUY IN FLORIDA (05-17-2022)
Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler
Statute law - laws created and codified by legislatures - comprises only a small fraction of the body of laws in the U.S. Go into a large law library and compare the few shelves of books that contain the case law for your state, along with federal statutes, with the hundreds of volumes of case law - the collected decisions of virtually every appellate case ever decided. The concept of only statute law being binding law has never existed in this country. And what is sometimes mischaracterized - by the press, and especially by parties whose interests or views are negatively affected by a decision - as being a court "writing a law" is nothing of the kind. Striking down an un-Constitutional law is in no sense "writing a law".
“Civilized men are more discourteous than savages because they know they can be impolite without having their skulls split, as a general thing.” - Robert E. Howard
"Only a rank degenerate would drive 1,500 miles across Texas and not eat a chicken fried steak." - Larry McMurtry
Chris (05-17-2022)
Case law is not intended to create or rewrite legislation. Case law is judicial interpretation of laws, regulations, and legal precedence.
If a court finds a law unconstitutional on its face, it should strike down the law. If the legislature wants to try to rewrite it to meet court muster, that is up to the legislature.
ΜOΛΩΝ ΛΑΒΕ
Chris (05-17-2022)
“Civilized men are more discourteous than savages because they know they can be impolite without having their skulls split, as a general thing.” - Robert E. Howard
"Only a rank degenerate would drive 1,500 miles across Texas and not eat a chicken fried steak." - Larry McMurtry
Peter1469 (05-17-2022)