Friday, May 25, 2007

Conservative Kansas and Declaratory Judgments

When I was enrolled in the Public Policy Clinic at the University of Kansas, my professor said that Kansas is usually the 26th state to adopt any law. They don't want to get too far ahead or behind the national norms.

So, when I read today that Kansas was the 30th state to pass a law banning picketing at funerals, I wasn't surprised.

But, it turns out that having 29 other states pass the law first isn't enough for the Kansas legislature. They also want the Kansas Supreme Court to declare the law constitutional before it becomes law.

I think they may have a mootness problem with this type of legislation. Until the court issues a decision, there's no law in force for them to rule upon. So if the court twiddles their thumbs and ignore it, then this law truly will go away.

The Kansas Supreme Court has refused to issue advisory opinions, but the legislature is trying to force them to issue an advisory position.

That dog don't hunt.

No comments: