Posted on 10/13/2005 7:56:01 PM PDT by Dan from Michigan
The Finest Court in the Nation
Hooray for Michigan justice.
Among the people recently mentioned as potential U.S. Supreme Court nominees, Maura Corrigan and Robert Young were relatively unknown. But both are noteworthy representatives of what may be the finest court in the nation.
For the past six years, the Michigan Supreme Court has been a leader in attempting to restore a proper balance between the judiciary, the legislature and the people. The bloc that constitutes the court's frequent majority--Justices Clifford Taylor, Stephen Markman, Corrigan, Young and, often, Elizabeth Weaver--has consistently refused to substitute its policy preferences for those of the legislature. Importantly, the court's other justices, Michael Cavanagh and Marilyn Kelly, have joined the majority in key cases. But the court's "judicial restraint" has not implied passivity. All of the justices have been willing to rule out-of-bounds legislation that encroaches on individual rights protected by the state constitution.
Consider this Tale of Two States. In 1999, the Ohio Supreme Court struck down a comprehensive tort reform bill. In particular, the court leapt on a provision barring medical malpractice plaintiffs from the courtroom unless they obtained an "affidavit of merit" from a medical specialist indicating that the suit was credible. Such a requirement was procedural and therefore within the court's--not the legislature's--jurisdiction.
That argument was shopped in Michigan, too, which also has an affidavit-of-merit requirement. The Michigan Supreme Court wasn't buying. Ruling just a few weeks before the Ohio decision, the Michigan Court noted that, since the legislature had the legal power to prohibit a medical malpractice suit entirely, it surely had the ability to set conditions on the cause of action. The legislature also banned lawsuits against pharmaceutical companies when the Food and Drug Administration had approved the drug in question. The Michigan Supreme Court upheld the ban.
(Excerpt) Read more at opinionjournal.com ...
There's also mention of Michigan's own version of Kelo later on in the article. Unlike SCOTUS, our judged here did the right thing.
Wow...I didn't know Robert Young was still alive. What's he been doing ever since his Marcus Welby days? I wonder if there's a paper trail?
Thanks for the post, Dan. Interesting, informative, encouraging.
Michigan Supreme court bump
There is great hope for Michigan. Ohio however is under thumb of judicial tyrants, trial lawyers, liberal thugs and other vermin crying out for major toilet flushing.
In the mold of Dorothy Comstock Riley? :-)
Pinz
Hooray for Dorothy! A great judge.
I hate to say this, but the first thing I thought of was "Father Knows Best".
I am so glad to hear atleast one of our states has good judges. Maybe it will be catching.
Maura Corrigan bttt!
I read that article. It's always dangerous to make sweeping statements like "finest court in the nation."
Tomorrow is another day, and it's like an invitation for them to do whatever they want.
Good. I'd like to see him kick James Brolin's.
he also was the one who signed in the shall issue CCW.
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