State Chamber
State Chamber President & CEO Fred Morgan comments on today’s Supreme Court ruling striking down the Comprehensive Lawsuit Reform Act of 2009:
“We are extremely disappointed in today’s ruling, as the court has chosen to legislate from the bench instead of exercising judicial restraint.
“The dissent rightly points out, “the legislature and the public understood the common themes and purposes embodied in the legislation; it was tort reform.” Too often the activist arm of this court misuses Constitutional terms like “special law” and “single subject” to strike down any law they do not like, subverting the will of the duly-elected representatives of the people.
“Regrettably, the activist judges on this court have shown they will continue to anoint themselves the ultimate arbiter of the state’s social, moral and legal values. It is clear Oklahomans need to take a serious look at revising our state Constitution to protect the people from an activist judiciary.”
Perhaps a series of bills should be used instead of one giant 130 page monstrosity would be a better way to go. It looks like the fault does not lie with the court, but with those who crafted this legislation. The rules on single subjects are pretty clear.
Revising the Constitution may need to be done, but any attempt to remove the single-subject rules will be met with vigorous, organized opposition. This is one of the good things that protects us from the kinds of idiocy that pervades Washington, DC. We don’t need that kind of thing in Oklahoma. Of course, it makes it harder to pack a bill full of things, but that’s the point, isn’t it?
It is sad but true; the courts are legislating and should not be. That is why we have checks and balances, I thought.