Tuesday, January 24, 2012

Don't Spare the Courts -- For the Sake of the State

Imagine a legislative session in which individual officials no longer could run to court in order to block legislation that had been discussed, voted on, and signed into law according the rule and procedures set down by the legislature?

Governor Schwarzenegger could have enacted more spending cuts. The legislature could advance necessary yet painful cost-cutting measures to salvage this state's finances. Governor Brown would not have to beg and cajole an allied legislature to enact the broad cuts he seeks to save this state.

Now consider a state with fewer courts, a back-log of cases which wears out litigants and parasitic lawyers who seek to wear down state and municipal governments with empty lawsuits. Imagine the success of prosecuting a successful case, when the potential plaintiffs discover that they will have to wait a minimum of five plus years before going to court.

Interest groups, motivated primarily by greedy self-interest for other people's money, would waste their limited resources pressing for a legal solution to their petty complaints toward the state. Legislators would not have to run their proposed legislation through analysts and legal experts in order to determine if an action lawsuit challenge could emerge.

Imagine a legislature that could legislate, unhampered by the outrageous stalling tactics of legal challenges. Fewer courts would enable this turn of events very effectively.

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