Two state legislatures are considering measures that would allow lawmakers to overrule decisions by Supreme Court majorities — and one Florida Republican wants to change the U.S. Constitution to allow Congress to do the same.
In Florida, state Rep. Julio Gonzalez (R-Venice) has filed two bills that would allow the state legislature or the U.S. Congress “to override or nullify court decisions.”
House Joint Resolution 121 would allow lawmakers to undo any state court decision by a two-thirds vote for up to five years, and House Memorial 125 would permit Congress to propose a similar constitutional amendment to give themselves the power to nullify federal court decisions.
Gonzalez, an orthopedic surgeon, said the bills are necessary because judges are often unaccountable to voters and unable to decide cases without considering their practical or political impact.
“(The legislation) would curtail the tendency of activist judges to manipulate the law to suit their political views and agendas,” Gonzalez said. “Equally as important, this would force the people to engage the Legislature in enacting rectifications to current laws that they see as objectionable or flawed, restoring the natural relationship between the people and their legislative bodies. This would also force the electorate to more carefully look at their candidates and their actions during times of re-election.”
There’s that dog whistle, “activist judges”. Yes, we only want judges who will do what we want, fuck the law!
Washington is considering a similar measure that would allow lawmakers to “reject the determination of the court” by a simple majority on cases where the state’s Supreme Court rules an act unconstitutional.
State Rep. John Koster (R-Arlington Heights), one of the bill’s co-sponsors, said he supports the measure because he believes the court overstepped its authority in deciding a lawsuit on education funding.
“It’s a worthy effort to tap (judges) on the shoulder and remind them of separation of powers,” said Koster, who admits the bill might not pass.
Gonzalez identified rulings on public displays of religion — including holiday celebrations and school prayer — and laws against flag-burning as his justification for the bills.
Emphasis mine. Well, that didn’t take long, did it? There isn’t even the slightest effort to wrap this in flowery language. I wonder how long it will be before bibles and public prayer are foisted on what’s left of schools.
Via Raw Story.