Todays Tallahassee Democrat has an article on the Florida Supreme Courts ruling yesterday in the case of the two lesbians fighting over custody and parental rights to their child. I posted the following note in response to the article. Theres a saying in law that hard cases make bad law. The Florida Supreme Court has, once again, proven that to be true. This is the latest chapter in the courts cooptation of the legislative function to themselves. As in the US Supreme Courts Roe v. Wade holding, the Florida court has, in effect, rewritten a law to its conceit of what is fair. While I was in favor of the RESULT in Roe, since I am an agnostic, it established the pernicious idea that courts can, willy-nilly, rewrite the Constitution and statutes to the courts satisfaction. In other words, the courts are advancing the idea that THEY are the real legislative bodies, and that the putative legislatures are nothing but polishers and rubber stamps of the courts initial drafts of Constitutional provisions or statutes.
Posted on: Fri, 08 Nov 2013 18:27:22 +0000
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