I really don't know shit about this, but systems of government being lead by the nose by courts has been the out of control absurd & wild trend of the decade.
It just seems like so much governance is encumbered & has trouble executing meanwhile one random court shopped judge can go makeup whatever rules they want.
The court is a system of government. It's one of the three main components of modern government. Its tasks include making the other components obey the laws.
That a court makes a legislature obey the laws that were written by that same legislature sounds odd at first, but it makes sense. The law is to apply equally to everyone, including me and whoever has my job in five or ten years, even if the law was written by me.
It comes up fairly often in major and minor ways. An organisation I'm a member of is affected by it right now — a current government doesn't like a law that was enacted years ago by other political parties, and didn't want to issue a permit until lawyers talked legalspeak.
> That a court makes a legislature obey the laws that were written
My qualm is that the legislature is a representative body. Where-as judges making these decisions are political appointments, often serving for life, and individuals have drastic ability to interpret & rule to their own interpretation. Maybe their decisions get checked, eventually, or maybe they are used to build yet more onto the immutable unchangeable pile of precedence that judge's ruling establish bit by bit without possibility to reassess. Laws change, but in case law, rulings are forever.
If we could rely on judges to produce the same conclusions as one another, that'd be one thing. But we have enormous power to change and alter laws, how they are interpreted & executed. And in America people bringing cases can specifically target the exact judge they want. The Federal Justices conference has recommended procedures be changed to stop this horseshit, it's been an ask from Democrats repeatedly, but Texas for example has outspokenly said they will not make any changes, will continue to allow exact court shopping. https://archive.ph/sm4Mahttps://www.keranews.org/government/2024-04-02/north-texas-f...
The judges are incredibly powerful in this system, and are increasingly world wide using incredible bias.
Except uh, the links I've shared are already showing how absurd & twisted the courts are being made by court shopping. How easy it is to go seek out a favorable court system.
How it's become so bad the Judicial Conference of the United States is demanding change, is worn thin from this longstanding systematic abuse.
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[ 3.0 ms ] story [ 18.1 ms ] threadIt just seems like so much governance is encumbered & has trouble executing meanwhile one random court shopped judge can go makeup whatever rules they want.
That a court makes a legislature obey the laws that were written by that same legislature sounds odd at first, but it makes sense. The law is to apply equally to everyone, including me and whoever has my job in five or ten years, even if the law was written by me.
It comes up fairly often in major and minor ways. An organisation I'm a member of is affected by it right now — a current government doesn't like a law that was enacted years ago by other political parties, and didn't want to issue a permit until lawyers talked legalspeak.
My qualm is that the legislature is a representative body. Where-as judges making these decisions are political appointments, often serving for life, and individuals have drastic ability to interpret & rule to their own interpretation. Maybe their decisions get checked, eventually, or maybe they are used to build yet more onto the immutable unchangeable pile of precedence that judge's ruling establish bit by bit without possibility to reassess. Laws change, but in case law, rulings are forever.
If we could rely on judges to produce the same conclusions as one another, that'd be one thing. But we have enormous power to change and alter laws, how they are interpreted & executed. And in America people bringing cases can specifically target the exact judge they want. The Federal Justices conference has recommended procedures be changed to stop this horseshit, it's been an ask from Democrats repeatedly, but Texas for example has outspokenly said they will not make any changes, will continue to allow exact court shopping. https://archive.ph/sm4Ma https://www.keranews.org/government/2024-04-02/north-texas-f...
The judges are incredibly powerful in this system, and are increasingly world wide using incredible bias.
Except uh, the links I've shared are already showing how absurd & twisted the courts are being made by court shopping. How easy it is to go seek out a favorable court system.
How it's become so bad the Judicial Conference of the United States is demanding change, is worn thin from this longstanding systematic abuse.