Regulation Through Litigation Troubles State Lawmakers

“America’s
courts have taken over the legislative role of regulating entire
industries, many court watchers and state lawmakers believe. The
difficult question, they said Wednesday, is how to reverse the trend.
It is “one of the most fundamental concerns that we as legislators
should have,” and it amounts to “the taking away of our legislative
powers,” said William J. Howell, speaker of the Virginia House of
Delegates. He addressed fellow lawmakers at the annual meeting of the
American Legislative Exchange Council (ALEC) in Washington, D.C. “We
are finding more and more, in states all over the country, legislative
actions are being overruled by the courts,” said Howell. “As a result
we’re seeing an explosion of litigation all across the country that is
costing untold billions of dollars and is causing all sorts of havoc
with … state budgets.”“

This is something Libertarians like me have been worried about for a
long time. Judges shouldn’t legislate or regulate from the bench. Our
Constitution is founded on a balance of power and lately judges have
seen fit to put themselves above the law. It’s gotta stop!