Judicial legislation and Florida: Here's an interesting quote

[AndrewR]

This doesn't just relate to Florida though this quote was made in the context of the case currently being considered by the Florida Supreme Court. This quote was made by a former FL Supreme Court justice, Judge Gerald Kogan:
?They are, as I?ve said all along, independent-thinking people. They?re going to do what they feel is right,? said Kogan.

Now, my problem with this quote is the use of the word "right". Shouldn't he have said "legal" or "proper in accordance with legislative intent" or something to that effect? It seems to me that the problem today with the court system is that the justices feel empowered to rewrite statutes and even Constitutions at will since it has been going on for awhile.

I'm not specifically referencing the decision that was vacated by the US Supreme Court, as that court is hardly immune to the practice also. However, I find it interesting that while appellate judges feel the entitlement to appoint themselves legislators in many cases, judges at the trial level do not feel empowered to throw out frivilous lawsuits on their face or fail to maintain control over their courts enough so that justice can prevail before a jury (Ito, are you listening?).

Can we call a "do over" for our entire legal system?

 

[Russ]

Andrew,

Of course liberals will argue that "right" and "legal" are simply different ways of saying the same thing. The line has become so blurred by an activist judiciary over the decades that very few are perceptive enough to realize that they are not the same thing.

Russ, NCNE

 

[AndrewR]

Like Scalia, that RADICAL!

 

[JellyBaby]

So you feel the movie Judge Dread (Sly Stalone) will be eventually realized? A bunch of judges with high-tech weaponry running around "enforcing" the law?

Seriously, because there are so many courts it would be hard for an overt corruption nationwide. But creeping deterioration is dangerous and subtle corruption is possible. We may be soon living in a society where anything is acceptable so long as you can get away with it. Young folks living with that mantra will eventually replace old stoggy black robes and heaven help us all.

 

[AndrewR]

JellyBaby: I'm not sure how your prediction of corruption follows a post about judicial activism and/or a legislative judiciary. Judge Dredd (not sure which spelling is correct) is about a merging of the judiciary and the executive branches (the executive is charged with enforcement).

I think we'll be living in a society where anything is acceptable as long as the liberal trial lawyers agree.