To: snopercod; Sabertooth
I just took a look at the Nevada court decision. I take it nobody asked them to issue the injunction they issued. The governor was asking them to issue an injunction ordering the legislature to pass the legislation required within a time limit. Nobody asked the court to remove the constitutional two-thirds requirement.
The court ruled that the "substantive" right to education trumped the "procedural" two-thirds requirement of the Constitution. Under that sort of reasoning, the whole U.S. Constitution could be gutted by the claim that its "procedural" requirements gutted some "substantive" right or other.
To: aristeides
Good on you for actually reading the decision.
To: aristeides
More like the SCOTUS could trump the Constitution's procedural safeguards on the grounds they were outweighed by more substantiative ends. What a scary thought.
86 posted on
07/18/2003 2:41:11 AM PDT by
goldstategop
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