Currie v. Fiting

“When the legislature has spoken, and declared one interest superior to another, the judge must subordinate his personal or subjective estimate of value to the estimate thus declared. He may not nullify or pervert a statute because convinced that an erroneous axiology is reflected in its terms.” Cardozo, The Growth of the Law, pp 94, 95.

The honor of the Court is at stake here. This case and its companions1 are due to result, either in a disreputable abuse of the judicial power, or in enough of that judicial self-restraint which from tripartite beginnings has been the only effective means of…