Patterico's Pontifications

7/26/2003

A LOGICAL STEP: Perhaps emboldened

Filed under: General — Patterico @ 12:10 pm

A LOGICAL STEP: Perhaps emboldened by the behavior of the Justices on the United States Supreme Court, judges are starting to do some truly outrageous things across the country.

First, as described here by Eugene Volokh, the Nevada Supreme Court ordered the Legislature to enact a budget, and suspended the operation of a two-thirds majority requirement for increasing taxes that is in the Nevada Constitution. That’s right — the state supreme court ordered violation of the state constitution.

The reasoning was that the state constitution also mandates the legislature to create and fund public schools. Even though the constitution doesn’t say what the level of funding must be — and therefore the two provisions are not necessarily in conflict — the court just decided that the provision about schools was more important. So out the window with the two-thirds requirement.

Appalling. As Volokh says, it’s a “flat judicial nullification of an entirely explicit command of the Nevada people.”

Now, justices of the Illinois State Supreme Court have taken the notion of raw judicial power a step further, and ordered the state Comptroller to increase their salaries. The Court did this after the Governor had vetoed these same increases — before any lawsuit had been filed! Apparently, there was no notice and no hearing — just an order. (At least in Nevada the Justices were deciding an actual lawsuit.)

Under their order, the Justices’ salaries will be boosted from $158,103 a year to $162,530 a year, and judicial salaries across the state will increase by about $4,000 a year. The Justices said that denial of cost-of-living adjustments violated a state constitutional provision against “diminishing” judicial salaries.

You folks who supported all the liberal U.S. Supreme Court decisions have no right to be appalled by any of this. Those decisions and these decisions are all based on a common principle: We Know Better Than You.

UPDATE: I told the story about the Illinois Supreme Court to my wife. I thought her comment, paraphrasing Mel Brooks, was better than anything I said about it:

“It’s good to be the judge.”

NOW THAT TAKES NERVE: “Three

Filed under: General — Patterico @ 11:39 am

NOW THAT TAKES NERVE: “Three motorists who decided to drive home Friday from a court hearing in Long Beach in which their driver’s licenses were suspended were re-arrested and their vehicles impounded, a sergeant said.” The story is here.

Why don’t police do this more often?

JANICE ROGERS BROWN OFFICIALLY NOMINATED

Filed under: General — Patterico @ 11:35 am

JANICE ROGERS BROWN OFFICIALLY NOMINATED TO D.C. CIRCUIT: Read about it here. Good move.

Now, although I oppose the recall of Governor Davis on principle (it sets a bad precedent), I have to admit it would be nice if we could get him out of office before he gets a chance to replace her. I also think that is realistic — she may not be confirmed by October.

MAN FREED AMID COURT BACKLOG

Filed under: General — Patterico @ 11:30 am

MAN FREED AMID COURT BACKLOG IS MURDER SUSPECT: The murder happened June 26, but the Dog Trainer is finally catching up.


Powered by WordPress.

Page loaded in: 0.1965 secs.