Yesterday’s ruling at the SCOM sums up about like this:\u00a0 Bureaucrats trump legislators.<\/p>\n
Gary at LFR puts it well:<\/p>\n
When bureacrats\u2019 ruling has more bearing on election law than legislators and governors, then it\u2019s clear that bureaucrats have overstepped their authority. The minute that happens, the legislature needs to step in and limit the bureaucrats\u2019 authority.<\/p>\n
Hopefully, the new GOP legislators are writing that legislation as I\u2019m writing this post. We pay legislators to write laws. We don\u2019t pay administrative law judges to tell us that existing law isn\u2019t relevant. Also, we don\u2019t pay Supreme Court justices to write new law. Theoretically, we pay appellate court justices to tell us what the law says. PERIOD.<\/p><\/blockquote>\n
It disturbs me, personally, how frequently “administrative law” – law as interpreted by bureaucrats – overrides the law<\/em> as passed by elected representatives of the people.<\/p>\n
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.\u00a0 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.<\/p>\n
So they didn’t bother with real courts; they went to the “Administrative Law” court.\u00a0 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!”\u00a0 And so the store was forced to close, destroying an honest entrepreneur’s investment of his life’s savings in the process.<\/p>\n
I’m n0 lawyer – I have some <\/em>standards – so I frankly don’t know what to think about the SCOM’s ruling yet.\u00a0 It wouldn’t be the first time they’ve sided unconscionably with the bureaucrats against, y’know, the law<\/em>.<\/p>\n
We’ll see.<\/p>\n","protected":false},"excerpt":{"rendered":"
Yesterday’s ruling at the SCOM sums up about like this:\u00a0 Bureaucrats trump legislators. Gary at LFR puts it well: When bureacrats\u2019 ruling has more bearing on election law than legislators and governors, then it\u2019s clear that bureaucrats have overstepped their authority. The minute that happens, the legislature needs to step in and limit the bureaucrats\u2019 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[60,119,2],"tags":[],"class_list":["post-15601","post","type-post","status-publish","format-standard","hentry","category-campaign-10","category-election-integrity","category-minnesota-politics"],"_links":{"self":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/15601","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15601"}],"version-history":[{"count":4,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/15601\/revisions"}],"predecessor-version":[{"id":15635,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/15601\/revisions\/15635"}],"wp:attachment":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15601"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15601"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15601"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}