Thursday, November 6, 2014
Since When Does a State Judge have the Power to Overturn a State Constitution?
Apparently, since now. It was bad enough when federal judges overturned duly passed state constituions--often basing their decisions on patently ideological grounds--but it is arguably even worse when a state judge overturns his state's own constitution. The message this sends is that the Constitution is irrelevant. One wonders how much time will pass before federal judges begin to follow suit with the federal Constitution.