Tuesday, November 28, 2006

Judicial Overreach Report: Have the Other Two Branches Found Their Backbone?


It seems from this Rob Moritz article that the Executive Branch has finally decided that it has had enough of the courts pushing them around on the Lakeview case. The legislature last week denied the court a requested funding increase- and one legislator pointedly mentioned the Lakeview case as the funding request was denied.

Four school districts have asked the court to keep the Lakeview case open. They also wanted to keep the legislature's court-appointed "Special Masters" on hand to make sure the ledge shovels a huge amount of taxpayer dollars their way.

Here is the key part of the brief from Deputy Attorney General Tim Gauger," (extension of court control would....) render utterly meaningless our constitution's requirement of the separation of powers."

"The court should not accept the invitation of individual school districts, whether one or 100, for the court to take up a new role as a 'board of review' that automatically, and perpetually, reviews legislative enactments concerning public education," the brief said.

"Such a scheme would plainly violate the constitutionally mandated separation of the executive, legislative and judicial branches of state government, and violate the respect each branch must give the others as co-equal parts of our government,"

Until now the hue and cry has been, "we must comply with the courts". When the AG's office starts talking about "Constitutional Seperation of Powers" you know they've had enough.

It sounds like what those of us on the right have been saying for years. The fact that the AGs office is saying it now tells me that Beebe is signaling that he will be running this state, not the courts. Now that the Executive and Legislative branches are run by the same party, they are more united in a fight to protect their sphere of government from court intrusion. Before, each was afraid that the other would side with the court- with help from the establishment media, to make them look like the bad guys.

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