[quote]Originally posted by groverat:
<strong>
What if it is the legislature that is the problem?
The legislature doesn't determine the constitutional integrity of legislation, that's the Supreme Court's job.</strong><hr></blockquote>
The legislature is (are?) the people. If people can't agree then maybe nothing shoul be done. Often if a small group can't get something pushed through to law then they go to court. When the questions already been answered by the legislature, "no".
[quote]Originally posted by groverat:
<strong>Do you have any examples of this happening?
This is an oft-spouted line that I haven't seen fleshed out as a real argument. I can't even see it happening in theory because we, as citizens, have a right to appeal all the way to the highest court. And the argument seems to scoff at the very existence of the court system.</strong><hr></blockquote>
It happens all the time. Here's an esxample where the law is ingored and new rights are given to sue an unrelated thrid party.
From <a href="
http://overlawyered.com/archives/01/june3.html" target="_blank">OverLawyered.com</a>
[quote]
June 29-July 1 -- Ohio auto insurance wreck.
The trial-lawyer-backed 4-3 majority on the Ohio Supreme Court has been doing creative things to expand the scope of coverage of auto insurance in the Buckeye State, with the unfortunate consequence that the price of it is soaring. "The court says that the insurance policies a business buys on its fleet of automobiles covers its employees and their families when driving their personal cars on vacation or on any other personal matter -- from taking the kids to school to driving out for groceries." ("Liability unlimited? This is not your father's car insurance", (editorial), Columbus Dispatch, <a href="
http://www.dispatch.com/news/editorials01/june01/721267.html" target="_blank">June 3</a>; "Court extends uninsured coverage beyond belief" (letter to the editor), Columbus Dispatch, <a href="
http://www.dispatch.com/news/editorials01/june01/718953.html" target="_blank">June 2</a>)(& letter to the editor, <a href="
http://overlawyered.com/letters/01/jul.html#0706d" target="_blank">July 6</a>). Update <a href="
http://overlawyered.com/archives/01/nov1.html#1102b" target="_blank">Nov. 2-4</a>: bill to reverse court decision goes into effect after being signed by governor.<hr></blockquote>
Hit <a href="
http://www.overlawyered.com[/url" target="_blank">OverLawyered</a> once a week to read up on the insanity that's our legal system.