Monday, July 6, 2015

Lex Anteinternet: Legislating from the bench again.

Lex Anteinternet: : SPQR Senātus Populus que Rōmānus Translated, the Senate and People of Rome.  The motto of the Roman Empire, w hose legions marched un...
Following on Obegefell, the Supreme Court, again by a 5 to 4 vote, acted again clearly outside the Constitution in Arizona State Legislature v. Arizona Independent Redistricting Commission.

This case surrounds an Arizona referendum in which Arizona's voters determined to create a non partisan commission for election districting.  Frankly, I think that was a very good move, as election redistricting in many states has achieved absurd anti democratic results. But the Constitution is quite clear, this is undoubtedly something only Congress can do.

Not to worry, said the five.  Where the Constitution says "legislature", it doesn't mean it, but any process by the states.

That's baloney.

As opposed to Obegefell, at least this baloney is sliced in favor of democracy, where the Court chooses to allow us to have it. But it's baloney nonetheless.

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