[Jim Noble]

But the question the judge is considering is whether the people of Kansas, acting through their representatives, really determined the State should concern itself with a couple of 15 year olds getting to second base.

And how, pray tell, would a judge determine such a thing?

I mean, by using the legitimate tools of a judge, acting within his constitutional powers.

[Oztrich Boy]

And how, pray tell, would a judge determine such a thing?
I mean, by using the legitimate tools of a judge, acting within his constitutional powers

The law passed by the legislators required doctors and others to report underage sex when they determined there was a "suspicion of injury"

The Attorney General issued an edict removing their discretion to report on the grouds that there was always injury.

It doesn;t seem out of place for the judge to determine whether thr AG had any basis to issue such edict.