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

["Anna Dorothy Graham" <grahama9@msu.edu>]

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



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