Yesterday’s ruling at the SCOM sums up about like this: Bureaucrats trump legislators.
Gary at LFR puts it well:
When bureacrats’ ruling has more bearing on election law than legislators and governors, then it’s clear that bureaucrats have overstepped their authority. The minute that happens, the legislature needs to step in and limit the bureaucrats’ authority.
Hopefully, the new GOP legislators are writing that legislation as I’m writing this post. We pay legislators to write laws. We don’t pay administrative law judges to tell us that existing law isn’t relevant. Also, we don’t pay Supreme Court justices to write new law. Theoretically, we pay appellate court justices to tell us what the law says. PERIOD.
It disturbs me, personally, how frequently “administrative law” – law as interpreted by bureaucrats – overrides the law as passed by elected representatives of the people.
The worst example I’ve seen remains the City of Saint Paul’s administrative lynching of “Saint Paul Firearms”, a gun shop that briefly opened on Snelling Avenue. The store obeyed all applicable laws – exceeded them, at least in terms of security, in every particular – but some of the religiously DFL-voting neighbors got the victorian vapors over the thought of sharing the neighborhood with a gun store.
So they didn’t bother with real courts; they went to the “Administrative Law” court. And they got the ruling they wanted; the ruling that said “forget Minnesota law, to say nothing of the United States Constitution; bureaucrats see it the way you want to see it!” And so the store was forced to close, destroying an honest entrepreneur’s investment of his life’s savings in the process.
I’m n0 lawyer – I have some standards – so I frankly don’t know what to think about the SCOM’s ruling yet. It wouldn’t be the first time they’ve sided unconscionably with the bureaucrats against, y’know, the law.