Quote:
Originally Posted by Platapus
I am a little concerned with why did not the judicial branch in California, evaluate the constitutionality of Prop 8 before the election.
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For the simple reason that, contrary to the belief of some, judges cannot arbitrarily 'legislate from the bench', though some certainly use any means they can to get around that. A case has to actually be brought before them before they can rule on it. It may be an injunction to prevent the passage of a law, or even an election, or it may be an after-the-fact attempt to overturn a law, as this was.
I'm not saying the judge ruled fairly, or properly, nor am I saying that he ruled from his own biased viewpoint. Either could be the case; I don't know. But the judge cannot initiate action - he has to wait until the action is brought to his bench.