Saturday, October 19, 2019

Speaking words of wisdom...

Mollie Hemingway and Carrie Severino in Justice on Trial:

"While abandoning some of their proper role, courts have also usurped the powers normally reserved to Congress. The legislative process is notoriously messy, and nobody thinks the sausage factory produces a perfect product every time. So when a judge is faced with a law that seems to function poorly, there is a temptation to step in. The legislators appear sloppy or foolish or, if it is an old law, blinded by the prejudices of their time. A nip here, a tuck there, and the law will function so much better. But the Constitution doesn't establish the judiciary as the copy editors of the legislature. They are supposed to apply the law, not improve it."

Hear, Hear!

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