January 29, 2009
Interesting Charge of "Judicial Activism" In Mississippi
The dissent sets up his dissen this way:
[U]pon second reading, I was disturbed that the majority included no citation of statutory authority for the “fair-market-value” requirement imposed upon foreclosing creditors. The absence of authority, of course, pricked my curiosity. How, why, and when did the obligation to establish the fair market value of foreclosed property creep into our law? Surely, I thought, the strict constructionists with whom I serve on this Court – justices who
frequently eschew judicial activism and proudly proclaim that we “apply statutes as they are written” – didn’t just make it up.
Unfortunately, the evidence conclusively demonstrates that, although my colleagues were not directly involved, justices on this Court in previous years did just that, that is, they simply “made it up.” I do not make this charge lightly. Indeed, I have great respect for the venerable justices who have served this State and its citizens over the decades, and I shall in this opinion endeavor to document and support my views.
It's an interesting read. The case, Hartman v. McInnis, __ So.2d __ (Miss. 2008), is here.
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