For public officials, the advantage of lawsuits over legislation is that they do not require the support of a majority of elected officials or the people. That's why the government has decided to sue the gun industry out of business, instead of, say, passing a constitutional amendment to rescind the right to bear arms. It's easier to impose unpopular laws from the bench than from the state house, since judges are unelected and thus unaccountable. He fell under immediate attack from Senate Democrats. In other words, democratically elected legislatures could never have enacted the regulations that legalistic bullying has wrought.
Separation of powers be damned, let's go to court.
Ronald McDonald has found an unlikely friend in Orrin Hatch. Unless the Senator's committee finds a way to rein in ambitious prosecutors, the clown's next. His demise, although a windfall for a few lucky trial attorneys, would come, once again, at the expense of individual freedom and constitutional government. Mr. Weinkopf is FrontPage 's managing editor.