Burdick: Activist Courts Yield Poor Results
In his interview with the editorial board of the Idaho Statesman (which can be accessed on that paper's website), Judge John Bradbury stated that rather than taking the Supreme Court's approach, he would have sent the case back to the district court to determine how much money was required in order to fix the defective school buildings (a state estimate placed the amount at between $700 million and $1 billion), that he would then have mandated the Legislature to come up with the money and, if it did not make the necessary appropriation, he would hold the Legislature in contempt of court. This is activist approach that would have taken longer to resolve the matter and have produced a constitutional confrontation between the court and the Legislature/Justice Roger Burdick, Lewiston Tribune. More here.
Question: Do you want the courts to rule strictly on the law -- or to be somewhat activist?