Bench Memos

This Day in Liberal Judicial Activism—July 10

2003—Under the Nevada constitution, the legislature cannot raise taxes except by a 2/3 vote of both legislative houses. Or so the constitution says.

But when Nevada governor Kenny Guinn can’t get the legislature to fund his education budget, he runs to the Nevada supreme court for help. By a vote of 6 to 1, the court (in Guinn v. Legislature of the State of Nevada) somehow orders the legislature to proceed “under simple majority rule” to raise taxes. Citing the “impasse that has resulted from the procedural and general constitutional requirement of passing revenue measures by a two-thirds majority,” the court orders that “this procedural requirement must give way to the substantive and specific constitutional mandate to fund public education.” (For more, see this analysis by Eugene Volokh, who describes the ruling as “one of the most appalling judicial decisions I’ve ever seen.”) Three years later, the Nevada supreme court quietly repudiates its ruling.

Most Popular

Culture

Equality and Envy

We are not the same. Neither men, nor women, nor races, nor ages, nor nationalities, nor in wealth, nor in training, nor in beauty. We are not equal in any way. And that is a reason to be proud and happy, because at the end of the day we are human and not the product of some factory. Let us once and for all ... Read More
Culture

Equality and Envy

We are not the same. Neither men, nor women, nor races, nor ages, nor nationalities, nor in wealth, nor in training, nor in beauty. We are not equal in any way. And that is a reason to be proud and happy, because at the end of the day we are human and not the product of some factory. Let us once and for all ... Read More

The Pollster Who Thinks Trump Is Ahead

The polling aggregator on the website RealClearPolitics shows the margin in polls led by Joe Biden in a blue font and the ones led by Donald Trump in red. For a while, the battleground states have tended to be uniformly blue, except for polls conducted by the Trafalgar Group. If you are a firm believer only in ... Read More

The Pollster Who Thinks Trump Is Ahead

The polling aggregator on the website RealClearPolitics shows the margin in polls led by Joe Biden in a blue font and the ones led by Donald Trump in red. For a while, the battleground states have tended to be uniformly blue, except for polls conducted by the Trafalgar Group. If you are a firm believer only in ... Read More
Elections

Biden Lies Again and Again

Joe Biden is a career liar and he lied some more in the debate, for instance when he dismissed the now well-supported New York Post story about Hunter Biden's business dealing as "a Russian plant." There is zero evidence for this. He offered this line: There are 50 former national intelligence folks who said ... Read More
Elections

Biden Lies Again and Again

Joe Biden is a career liar and he lied some more in the debate, for instance when he dismissed the now well-supported New York Post story about Hunter Biden's business dealing as "a Russian plant." There is zero evidence for this. He offered this line: There are 50 former national intelligence folks who said ... Read More