In praise of upholding the rule of law Even, as puzzling as it may be, when it s a lousy law. April 3, 2021 6:00pm Text size Copy shortlink: … [L]egislators are the elected representatives of the people … [L]egislative bodies are institutionally better positioned than courts to sort out conflicting interests and information surrounding complex public policy issues. If the Legislature s intended meaning is clear from the text of [a] statute, we apply that meaning, and not what we may wish the law was or what we think the law should be.
It is hard to imagine a clearer or more forthright declaration of the principle of judicial restraint than the words quoted above. It is through this principle that the separation of powers at the foundation of America s constitutional order gives courts an authority that is uniquely important precisely because it is limited.
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