October 20, 2009

Judicial Activism Rears Its Ugly Head

When the Legislature passes a law, with a plain, obvious meaning on its face, and a judge gets a case implicating that statute, and makes a point of saying that he thinks its result is "absurd" and instead creates his own rule and applies it to the situation in front of him, that's judicial activism, right?

If so, Justice Robie is a judicial activist.  Only I doubt there will be any hue and cry whatsoever about this bit of judicial activism happening.  Because the result of the judicial activism is taking away the driver's license of a guy driving an eighteen-wheeler after he got popped for a .04 BAC, instead of letting gay people live their lives the way they want to.  Judicial activism is good when you agree with the result!

Hat tip to Prof. Shaun Martin.

2 comments:

Kaz Dragon said...

"Popped for an 0.4 BAC"?

Transplanted Lawyer said...

Sorry, that should have been "0.04." Main post is corrected.

"Popped" means "arrested." Normally the legal limit is 0.08% Blood Alcohol Content, but because the defendant was driving a commercial vehicle the limit is reduced to zero.