February 25, 2018

Rep. Craig Hall: Time for justice court judges to be “licensed to practice law”

With a recent report on Utah’s judicial system finding that many defendants appear before judges inadequately represented–if at all–perhaps it’s time that we take another look at another problematic area of Utah’s judicial branch: the courts not of record, or “justice courts.” Rep Craig Hall (HD 33) wants justice court judges to be licensed to practice law in […]

DOMA on its way to review?

Is a case in California setting up DOMA for overturn? A federal judge in California has ruled that a federal appeals judge has no power to order the U.S. government to provide health benefits to the same-sex spouse of a court employee, but went on to invite a constitutional challenge to the law that mandates a […]

Prop 8 Advocates in Court Today: “Let us stand in for elected officials.”

With California elected officials opting out of defending Proposition 8, the advocates for the successful ballot measure went to court today to argue that they should be allowed to defend it in their place. Their brief, found here, argues that the voter initiative process depends on a legal defense in court. Lyle Denniston at SCOTUSblog […]

So you don’t like judicial activism? How about “rule by text?”

Don’t like judicial activism? How about jettisoning the judiciary altogether? Both the political left and right seem to take turns accusing judges, specifically those who hand down opinions opposed to their political proclivities, of judicial activism, or judges reading into the law what just is not there.  Originalists call for judicial interpretations that read legislative […]

Misdiagnosis: Judicial Activism « James Madison Institute

In the wake of the latest in a series of cases on the Affordable Health Care for America Act–Obamacare to its detractors, the Holy Grail of legislation to its defenders–the pejorative of “judicial activism” has been leveled  at Judge Roger Vinson and his ruling striking down the law. While the White House avoids using the term judicial, […]