Letter: Justices overstepped authority
Lost in the round of congratulations (or castigations) arising from the California Supreme Court’s recent decision on gay marriage is the much larger issue of the proper role of the judiciary. (Refer to “Score one for civil rights” in the May 20 Vail Daily)
If we are guided by the Constitution, the California Supreme Court acted improperly because, as one dissenting judge wrote, in handing down this decision “the majority … substitutes its own judgment in the matter for the considered wisdom of the People and their elected representatives.”
Judges were deliberately freed from facing elections to give them independence to follow the law wherever it led. But if judges make political decisions instead of legal ones, they become dictators ” serving for life with no cure for their errors.
I have practiced law in the U.S. Supreme Court for 33 years, and now serve as counsel to The American Civil Rights Union.
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A Nov. 30 to Governor Polis and the Eagle County Commissioners from Beaver Creek Resorts Company – as well as the towns of Vail, Avon, Eagle and Minturn – requests a variance program which would allow businesses to remain open.