Can courts even do that? Both houses of the Alabama legislature passed a measure called House Bill 84 revamping education policy; the state teachers’ union, the Alabama Education Association, went to court with a challenge; and Montgomery Circuit Judge Charles Price issued an injunction forbidding the Clerk of the House from enrolling the bill for the signature of Gov. Robert Bentley, who has said he would sign it. The AEA argued that lawmakers violated the state Open Meetings Act in the course of bringing the bill to passage. Republican lawmakers are appealing the judge’s action to the state supreme court; presumably they’ll argue for the old principle that equity will not enjoin legislative acts, even if it can enjoin legislation from taking effect once it is signed. [WAFF, more] Further: some background on the education bill from Jeff Poor at the Daily Caller.
Warren Meyer (Coyote Blog) advances a typology of failed lawmaking. [Forbes]
Assemblywoman Mary Hayashi (D-Hayward), who chairs the Committee on Business, Professions and Consumer Protection, has “pleaded no contest to charges that she tried to walk off with $2,500 in clothes.” [L.A. Times via Amy Alkon] “Hayashi spokesman Sam Singer has called the incident ‘a mistake and a misunderstanding.’” [Dublin Patch, KGO] “Hayashi’s attorney, Douglas Rappaport, told reporters that the lawmaker is taking medication for a benign brain tumor and that the ailment may have been responsible for her behavior.” But that doesn’t mean she’ll be taking a medical leave from her duties: according to her attorney, the tumor “is being treated with medication and no longer affects her,” reports the Sacramento Bee, which continues in a skeptical vein: “Medical experts said Monday that it is very rare, however, for a brain tumor that does not require surgery to influence behavior so significantly.” “I am confident that with the close of these proceedings, she will continue to ably serve her constituents with the same talent and passion she has displayed throughout her time in office,” wrote Assembly Speaker John Pérez in a supportive statement.
Kevin Underhill rounds up four amusing miscellanies at his excellent site. From the fourth:
In June, a committee of the Oregon Legislature stuck some language into a bill that would (I think) have briefly redefined “no” as “yes.” Allegedly, Democrats were trying to head off an initiative they feared Republicans would later put on the ballot, asking voters to reject a spending measure. The bill provided that a vote to reject the measure would be counted as a vote to adopt it:
A measure referred to the people by referendum petition may not be adopted unless it receives an affirmative majority of the total votes cast on the measure rejecting the measure. For purposes of this subsection, a measure is considered adopted if it is rejected by the people.
The bill was amended again a few days later to remove the controversial language, after it became public.
P.S. And another installment missed above (“We are all tarnished by your stupidity.”)
Prompted by our post of yesterday about Virginia lawyer-legislators, commenter Hans Bader at his own blog nominates New York, Massachusetts and New Jersey as examples of how bad matrimonial law can get: “the more lawyers are in a state legislature, the more unfair a state’s divorce laws tend to be”. (OpenMarket.org., Jan. 2). Plus: our family law archives are here.