[Date Prev][Date Next][Date Index]

Re: E-M:/ Supreme Court Decision re Nestle



-------------------------------------------------------------------------
Enviro-Mich message from "Anna Dorothy Graham" <grahama9@msu.edu>
-------------------------------------------------------------------------

On an issue of the interpretation of state law, the U.S. Supreme Court is supposed to defer to the state's Supreme Court (they violated their own principle in Bush v. Gore), so there theoretically would be no point in appealing, even if the Supremes were less conservative than they are at present. There would need to be an issue of interpretation of federal or Constitutional law for them to sit up and take notice.
Best hope is to go to the legislature and have them redress the issue of standing. Even ousting a justice or two wouldn't help, unless they completely start ignoring stare decisis. This particular court seems to have ignored the previous umpteen years of interpretation of MEPA, of course, but that's not to say that an incoming court would be so cavalier with precedent.
The definition of an activist judge is one who ignores precedent and the will of the legislature to legislate from the bench to suit his or her own ideological bent. Sound familiar?
Anna


It seems that there are several routes to correct the situation:

Vote out one of the judges in the majority;
The governor with the agreement of 2/3 of the legislature can remove a judge; Art. VI Sect 25
Impeach the worst judge with consent of a majority of the legislature and conviction by 2/3 of the senate in trial. Art. XI Sect. 7 A judge once impeached cannot perform his functions until acquitted.
Amend the Constitution to include changes to Art. IV Sect 52 making standing of any person part of the article and making MEPA better based.
Appeal to the US Supreme Court. (and hope for the best.)


Any lawyers out there?


Robert Marshall
nmeac@charter.net
Festina Lente






Anna Kirkwood Graham, J.D., Ph.D.
"There is no trifling with nature; it is always true, grave and severe; it is always in the right, and the faults and errors fall to our share."
-- Goethe




==============================================================
ENVIRO-MICH:  Internet List and Forum for Michigan Environmental
and Conservation Issues and Michigan-based Citizen Action.   Archives at
http://www.great-lakes.net/lists/enviro-mich/

Postings to:  enviro-mich@great-lakes.net      For info, send email to
majordomo@great-lakes.net  with a one-line message body of  "info enviro-mich"
==============================================================