Judge Melcher delves deeper into activism by creating distinctions
Written by Stan Billingsley, staff editor Lawreader.com
I am currently away from the office and relying on email versions of the decisions which I have not finally read. However, I can say that Judge Melcher’s attempt to distinguish between laws which, when violated by the Governor, can be prosecuted and those for which he can’t be prosecuted, is his own creation unsupported by precedent. The distinction created by Judge Melcher is judicial activism at its worst. The legislature has created no such distinction nor has any prior court decision. Judge Melcher apparently cites one case as authority for his creation of the official immunity doctrine. The one case cited, applied only to the President of the United States and it was only presented in hypothetical terms called Dicta. The courts have specifically denied such immunity to Vice President Spiro Agnew, Federal Judges, Governors, and legislators.We will expand on Judge Melcher’s ruling in more detail shortly.