Activist judges have been a problem in Mississippi since the 1950s, as we saw with the Kellum decision. It is quite important to note that Kellum decision was an act of judicial activism. In that case, contrary to statute, the judge imposed the 20 day deadline only intended for county elections onto Congressional and statewide elections. Were the State Supreme Court to uphold the recent ruling to dismiss based on Kellum -- which was based on laws repealed in 1970 -- they would affirm such judicial activism. That type of judicial activism is abhorrent to conservative Mississippians, and its practice opens the door for judicial activism on any number of other issues brought before the court.
Posted on: Wed, 10 Sep 2014 12:12:15 +0000
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