-By Warner Todd Huston
One of the issues that many conservatives have focused on is our out of control court system and the constant judicial overreach that occurs therein. Here we have yet another case of a court insinuating itself into an area in which it previously never had purview and if this decision stands it will open our courts to a flood of court shopping that will turn our legal system further down the wrong road.
At least since the forced busing case of 1971 and the Roe v Wade abortion case, conservatives have been complaining about judges taking undue powers unto themselves. For decades these power mad judges have been expanding their reach to control our lives until even our state and federal legislatures have seemed to give up their rightful role as lawmakers. Once again we have a judge that has reached beyond his proper role.
The case in question is Marshall v. Marshall and, yes, once again Anna Nicole Smith is going before the U.S. Supreme Court — and from beyond the grave at that. The reason a Smith matter is again before the SCOTUS four years after her death is because one of her cases was decided by a federal bankruptcy court in California on reasons that had nothing at all to do with technical bankruptcy rules. The case before the SCOTUS would determine if the bankruptcy court acted properly.
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Our Out Of Control Courts: Bankruptcy Courts Now Deciding Cases on Feelings?”