TOPEKA, Kansas (AP) — Measures in several state legislatures this year have called for new approaches to weaken the power of judges.
One would abandon a centuries-old precedent that courts can decide whether laws are constitutional. Another would change how judges are selected.
Tension between the courts and other branches of government is not new. But it’s growing. The latest wave comes as President Donald Trump faces scores of lawsuits challenging his policies. His administration says the issue isn’t what he’s trying to do but rather that judges acting as “judicial activists” are in some cases are standing in his way.
William Raftery, an analyst at the National Center for State Courts, said the battle between branches of state government for power dates to the earliest years of the U.S. and that lawmakers often make proposals aimed at weakening judges. Most of them aren’t adopted.
He said it won’t be clear whether the efforts are getting more traction until most states’ legislative sessions wrap up in a few months.
Here’s a look at the measures:
SleeplessInPlano on
We have elected judges in Texas. Generally, the biggest donators to the local district judges are lawyers and it’s amazing the power the local attorney associations have on some judges.
About 6 years ago a district judge made a discovery ruling that while not technically wrong, really riled up the plaintiffs bar. He lost his seat after that.
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TOPEKA, Kansas (AP) — Measures in several state legislatures this year have called for new approaches to weaken the power of judges.
One would abandon a centuries-old precedent that courts can decide whether laws are constitutional. Another would change how judges are selected.
Tension between the courts and other branches of government is not new. But it’s growing. The latest wave comes as President Donald Trump faces scores of lawsuits challenging his policies. His administration says the issue isn’t what he’s trying to do but rather that judges acting as “judicial activists” are in some cases are standing in his way.
William Raftery, an analyst at the National Center for State Courts, said the battle between branches of state government for power dates to the earliest years of the U.S. and that lawmakers often make proposals aimed at weakening judges. Most of them aren’t adopted.
He said it won’t be clear whether the efforts are getting more traction until most states’ legislative sessions wrap up in a few months.
Here’s a look at the measures:
We have elected judges in Texas. Generally, the biggest donators to the local district judges are lawyers and it’s amazing the power the local attorney associations have on some judges.
About 6 years ago a district judge made a discovery ruling that while not technically wrong, really riled up the plaintiffs bar. He lost his seat after that.