They’re perverting the principle of prosecutorial discretion to mutilate the laws.
NRPLUS MEMBER ARTICLE T he job of a judge is to apply the law as it has been written by the legislature. For the last half-century, that has been the most effective argument mounted by constitutional conservatives against activist courts. The judge is not at liberty to legislate. That is, the judge may not revise the laws, under the guise of clearing up nonexistent ambiguities, or filling in nonexistent gaps, or — if we may be blunt about what activist judges actually do — distorting the law to fit the jurist’s subjective sense of fairness and justice.
In a democracy, what is fair and just …
Something to Consider
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