The fact that judges occasionally create law doesn't invalidate my claim that it isn't a good thing. In fact, common law cases are so messy that many states are revoking common law status for certain torts and contracts. In Georgia alone, we've done away with common law marriage, administrative policy (outside the courtroom, where the judge still prevails), and contract structure.
And, as the SCOTUS once found out, making their own laws in no way requires the executive to enforce them. Just ask the Cherokee on that one.
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timeasmymeasure
Re:
Date: 2004-02-10 03:21 pm (UTC)The fact that judges occasionally create law doesn't invalidate my claim that it isn't a good thing. In fact, common law cases are so messy that many states are revoking common law status for certain torts and contracts. In Georgia alone, we've done away with common law marriage, administrative policy (outside the courtroom, where the judge still prevails), and contract structure.
And, as the SCOTUS once found out, making their own laws in no way requires the executive to enforce them. Just ask the Cherokee on that one.