Eugene Volokh reports on what may be the most disgusting appellate court decision since Plessy v. Ferguson. Apparently the Nevada state supreme court has decided it can elide parts of the Nevada Constitution it finds inconvenient when promoting its activist agenda. I’ve seen some absolutely contortionist legal reasoning in state supreme court decisions before (most notably, the Tennessee supreme court’s behavior in deciding the so-called “tiny towns” cases in the mid-1990s), but never in modern times have I seen a decision so absolutely horrible I thought impeachment was warranted. Until today.
You can read more on the story in the Las Vegas Review-Journal, and at Rick Henderson’s blog. Glenn Reynolds is rather unimpressed as well.