It’s a process I’ve seen play out many times in my state. The legislature will pass a bad law. The courts will explain the situation, fix it, and move on.
The legislature then won’t have the votes to pass a contradictory amendment, so they “codify” in a way that leaves something out of context or creates an ambiguity.
Litigants then cite the statute instead of the precedent… even though they legislature never actually changed the law.
The legislature then won’t have the votes to pass a contradictory amendment, so they “codify” in a way that leaves something out of context or creates an ambiguity.
Litigants then cite the statute instead of the precedent… even though they legislature never actually changed the law.