View From a Height
Commentary from the Mile High City
Wednesday, July 16, 2003

Also on Hewitt's show, the Smart Guys went at it over the Nevada Supreme Court's rape of that state's constitution last week. Sad to say, the very earnest Erwin Chemerinsky seemed to have the better of it, over John Eastman. I'm afraid that this does look a lot like a federalism issue, and that Eastman's novel legal theory - that republicanism demands overturning the decision - just doesn't sound persuasive. I'm also not a big fan of Novel Legal Theories in general. They give us things like the tobacco settlement and Erin Brockovich and Samuel Hirsch suing McDonald's and the cities suing the gun manufacturer. Of course, it's not any more novel than what the Nevada 6 did last week, but there's another remedy.

The citizens of Nevada need to recall these guys. I know, with the Sinking of the Grey Davis out in California, it could start to look like Recall Madness, but maybe it's time. This decision makes the Florida Supreme Court look like a gang of strict constructionists. Nevada citizens, if they value democracy, need to exercise their oversight role and ditch these guys. The Nevada Legislature, with a majority in favor of the tax increase, probably doesn't have the principles to do it. The Nevada Governor, no Andrew "Let them enforce it" Jackson he, brought the suit which brought so much trouble in the first place. No, the citizens of Nevada need to get circulate a recall petition, bring these dogs to heel, and stop the madness.

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