Comments on: Alabama: state judge enjoins legislature from sending education bill to governor

By: Schools roundup - Overlawyered

Schools roundup - Overlawyered — Thu, 21 Mar 2013 04:30:04 +0000

[…] More on court’s enjoining Alabama House from sending schools bill to governor [Joshua Dunn, earlier] […]

By: Bumper

Bumper — Fri, 08 Mar 2013 07:07:09 +0000

I believe that in Alabama judges are elected. Yet another poster state for why this is a bad idea.

By: MattS

MattS — Fri, 08 Mar 2013 01:20:33 +0000

Doug,

Here in Wisconsin they at least waited until after the Gov had signed it before suing.

By: Leland D. Davis

Leland D. Davis — Thu, 07 Mar 2013 22:40:32 +0000

My whole understanding of why we allow courts to declare a law unconstitutional is that an invalid law is without force. If courts produce an unconstitutional order, would they not be without force by the same logic, and both the legislative and executive branches would be not only permitted but obligated to ignore the court order?
Trying to get my reasoning straight here.

By: Doug

Doug — Thu, 07 Mar 2013 21:36:52 +0000

I believe, something like that was tried in Wisconsin with Gov. Walkers Act 10.

By: MattS

MattS — Thu, 07 Mar 2013 21:20:54 +0000

“How many Troopers work for the judge?”

If that’s your criteria, skip the impeachment and just ignore the order or better yet, go around it. The injunction is against the bill being delivered to the governor. Have the governor come and pick it up, problem solved. 🙂

By: Eric

Eric — Thu, 07 Mar 2013 20:40:06 +0000

Why even bother appealing the order. Impeach the judge and ignore the order. How many Troopers work for the judge?

By: MattS

MattS — Thu, 07 Mar 2013 20:04:03 +0000

How can there even be standing to challenge a law that hasn’t even gone into effect yet?

By: Jerryskids

Jerryskids — Thu, 07 Mar 2013 18:44:23 +0000

My first thought really was ‘can courts even do that?’ Googling this particular judge shows that he is a graduate of George Washington University. I wonder which professors he had at GWU. The ones that teach that if people don’t voluntarily do what you want them to do (for their own good, of course) you just force them to do it anyway?