Posted by PrestoPundit on 05/15/2008

government by the people:  the judges win again.  The people of California say, “See you in November.”  I say, good luck with that.  The judges have defeated the people time after time in California, no matter how the people vote.  The last big win for the people goes back to the time the people kicked Chief Justice Rose Bird off the bench for attempting to re-write the criminal statues to suit herself.

But count this as a score for Gov. Schwarzenegger.  His lone appointment on the court broke with the Republican dominated majority, writing:

“The principle of judicial restraint is a covenant between judges and the people from whom their power derives….  It is no answer to say that judges can break the covenant so long as they are enlightened or well-meaning….  If
there is to be a new understanding of the meaning of marriage in
California, it should develop among the people of our state and find
its expression at the ballot box.”

UPDATE:  When you are talking legal interpretation, a “slippery slope” argument is no fallacy, it’s close to an empirical law.


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