Posted on 11/22/2004 12:56:14 PM PST by neverdem
Judges are often accused of "activism"--a desire to extend their reach from interpreting the law and resolving cases to making policy on matters that are none of their darn business. So they deserve credit when they resist invitations to override democracy. That's what the Illinois Supreme Court did by a unanimous vote Thursday, in a decision with repercussions beyond our borders.
The cases involved lawsuits against gun dealers and manufacturers who offer weaponry in Illinois. The City of Chicago has a strict ban on handgun ownership, but guns may be sold in neighboring suburbs, even to Chicago residents. Some of those guns end up being used to kill people in Chicago.
Unhappy about his inability to expand his control of the city to areas beyond, Mayor Richard M. Daley turned to the courts for relief. Along with the families of several murder victims, the city filed a lawsuit accusing the industry of creating a "public nuisance" merely by selling legal products to people who are legally entitled to buy them. They demanded that the gunmakers and sellers pay $433 million to cover the costs of gun violence and stop doing business as they have done.
This was a novel theory, but not a novel approach. Several years ago, taking a page from the anti-tobacco movement, gun opponents decided that if they couldn't legislate, they could litigate. They filed a host of lawsuits holding gunmakers and gun dealers responsible for every unwanted consequence of firearm use.
The litigation strategy had two alluring possibilities for gun-control supporters.
The first was that it might induce some court to punish the industry for doing what the law allows it to do--thus overriding the misguided decisions of legislators.
The second was that even if the lawsuits failed, they would impose legal costs that would drive....
(Excerpt) Read more at chicagotribune.com ...
I'm so glad the Illinois supremes made the right decision, and did it unanimously.
Why do people think that stopping legit and legal gun ownership is the answer to stopping gun crimes? Great job from the bench.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.