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The first in a series of articles that focuses on the abandoned in our communities. This thought provoking series is written by a former government employee who brings an insiders perspective as to how government works – or doesn’t work.
A Question of Judicial Authority
When does the court cross the line from interpreting the law to legislating it?
Attorney Scott Stafne argues on behalf of his client the Separation of Powers Doctrine, and the checks and balances relating to the exercise of judicial power. (Article III section 2 and 28 USC sections 1291 & 1292). The issue itself relates to whether the 9th Circuit Court of Appeals has rule-making power (the power to legislate), and if they do, is that rule-making power consistent with the separation of powers doctrine.
Known as the “People’s Lawyer” in the foreclosure fraud arena, Scott Stafne puts his knowledge and expertise in the area of constitutional law and federalism to work in crafting these briefs. Here you can read his motion, the reply and his response on behalf of his clients. An excellent read for those interested in constitutional law, separation of powers and checks and balances as it relates to our judiciary.