[Industrialblog,
October 26, 2006]
Whatever
On the N.J. Supreme Court decision ordering the legislature to pass laws: The legislature should pass a law saying, "The decision violates the separation of powers, so screw off." As far as the decision itself, it's full of the same category errors as all "SSM" decisions.
Not much that can be done at this point. If judges can make decisions like this, they can do anything they want.
[Shakes head, walks away.]
Not much that can be done at this point. If judges can make decisions like this, they can do anything they want.
[Shakes head, walks away.]
What I'm most offended by is the court dictating to the legislature, which seems to me a clear violation of separation of powers and extraodinarily dangerous. I've seen these kinds of things repeatedly -- the worst case was in Kansas, where the state legislature was ordered to raise taxes.
I'm a little stunned that so many states are just going along with these kinds of usurpations ... the judiciary, after all, has no enforcement power of its own. I'm afraid we're reaching a time when one of these courts gets told, once and for all, to stuff it. And then finds it can't do anything but issue orders and bang gavels.
And then what? The system breaks.
Not that I'm opposed to the ruling, you understand.
Wouldn't be surprised if they pass SSM in the legislature. Which wouldn't bother me if they hadn't been ordered to do so.