I was reading the ruling out of the Colorado Supreme Court, and the dissent was interesting to me. One of the dissenting judges claimed that the courts shouldn’t be deciding this, and it should be resolved through legislation instead. Legislation… as in the 14th Amendment where we decided this already?
I don’t think amendments are considered legislation per se. Unless the judge is just ignorant of legal vocabulary.
It’s a dumb argument, though, and probably made in bad faith. Any statute passed by Congress would either be redundant, or it would likely be a bill of attainder.
I was reading the ruling out of the Colorado Supreme Court, and the dissent was interesting to me. One of the dissenting judges claimed that the courts shouldn’t be deciding this, and it should be resolved through legislation instead. Legislation… as in the 14th Amendment where we decided this already?
This argument is as wrong as it is common.
I don’t think amendments are considered legislation per se. Unless the judge is just ignorant of legal vocabulary.
It’s a dumb argument, though, and probably made in bad faith. Any statute passed by Congress would either be redundant, or it would likely be a bill of attainder.