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Overnight Open Thread

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jcm5/26/2009 7:10:28 am PDT

re: #543 JustMyView

Right, but in deciding cases, they are picking winners and, in doing so, they make policy in the sense that they determine whether the legislation in question is constitutional.

But judges don’t have the authority to re-write the law, or write law (can you say Roe v. Wade?). They rule it unconsitutional, tell the leg what’s wrong and the leg gets to fix it, the executive signs off.