Thursday, August 04, 2005
War on hot coffee heats up:
crescat:
The link is via Carey Cuprisin who agrees with me that it is both unwise and wrong for the federal government to devote large quantities of money and energy to enticing convenience store clerks to sell coffee filters so that they can be arrested for it.
It used to be when I described myself as part of the movement to keep coffee safe and legal, I was kidding. I think I'll go have a cup while I can.
Elsewhere at crescat, here's an interesting graf:
The Prostrollo citation turns out to be even more unhelpful because the Prostrollo court also made much of the need to be very deferential in 14th Amendment cases about matters of state concern. I tend to agree that federal courts should not be careful about overruling state legislatures on policy grounds; but the concerns that afflict a state court interpreting its own state's constitution are surely different, and state courts might have good reasons to be more "activist", as I have argued before. Unfortunately, because the Iowa Supreme Court has decided to peg the Iowa due process clause to the federal one, federal judicial decisions about the proper relationship between federal courts and state legislatures are automatically incorporated as decisions about the proper relationship between state courts and state legislatures.
I used to be interested in state courts as a place for arguing for rights for the reasons discussed above. I'm currently frustrated with both state and federal courts as any kind of mechanism for doing justice more than randomly.
crescat:
The link is via Carey Cuprisin who agrees with me that it is both unwise and wrong for the federal government to devote large quantities of money and energy to enticing convenience store clerks to sell coffee filters so that they can be arrested for it.
It used to be when I described myself as part of the movement to keep coffee safe and legal, I was kidding. I think I'll go have a cup while I can.
Elsewhere at crescat, here's an interesting graf:
The Prostrollo citation turns out to be even more unhelpful because the Prostrollo court also made much of the need to be very deferential in 14th Amendment cases about matters of state concern. I tend to agree that federal courts should not be careful about overruling state legislatures on policy grounds; but the concerns that afflict a state court interpreting its own state's constitution are surely different, and state courts might have good reasons to be more "activist", as I have argued before. Unfortunately, because the Iowa Supreme Court has decided to peg the Iowa due process clause to the federal one, federal judicial decisions about the proper relationship between federal courts and state legislatures are automatically incorporated as decisions about the proper relationship between state courts and state legislatures.
I used to be interested in state courts as a place for arguing for rights for the reasons discussed above. I'm currently frustrated with both state and federal courts as any kind of mechanism for doing justice more than randomly.
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