Sunday, June 03, 2012

The Law? What 'Law'?

We've occasionally lamented the judiciary's decisions because many of them are leading, inexorably, to a state of lawlessness.

We're not alone. order to preserve the vitally important principle of judicial independence, we are not politically accountable. However, because of our lack of public accountability, our job is constitutionally confined to interpreting laws, not creating them out of whole cloth. Unfortunately, I believe the record is clear that our court has strayed with lamentable frequency from its constitutionally limited role (as illustrated supra) when it comes to construing environmental law. When we do so, I fear that we undermine public support for the independence of the judiciary, and cause many to despair of the promise of the rule of law.  --quoted at AOSHQ

The author?  Justice M. Smith of the 9th Circus.  This after that august body nuked a portion of the mining industry, as it has done to a chunk of the California ag industry.

Keep it up, boyzzzz....

1 comment:

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