Justice Louis Butler: Judicial Activist
Suhr reviews several controversial cases, and finds Butler acting more like a liberal legislator than a judge.
He sums up the case for Butler’s judicial activism thus, and lists the cases where we see it:
Arrogance Over DeferenceThe election is going to be a real donnybrook, which Butler being supported by a range of interests who like his legislation.
Justice Butler often substitutes his own judgment for that of another institution when that institution is entitled by law to deference.Failure to defer to the trial court – Love, Armstrong, Dubose, Shomberg
Failure to defer to the legislature – Trujillo, Kohn, Diana P., Max G.W., Kolupar
Failure to defer to the U.S. Supreme Court – Knapp, Dubose, McGrew
Failure to defer to a government agency – Johnson, Meyers, Szleszinski
Justice Butler often fails to show appropriate respect for the Court’s decisions in past cases. Trujillo, Knapp, Dairyland, Bartholomew
Acting Like a Legislator
Justice Butler often fails to respect the constitutional and practical limitations of the judicial office.
Extensive citations to non-legal authorities – Dubose, Shomberg, Thomas
Moral outrage substituted for sound legal reasoning – Thomas, Jones