IDAHO STATE AFL-CIO v. Leroy

I

A sound appellate practice is to begin with an analysis of the opinion authored by the district court in this case the Honorable Robert G. Newhouse. Judge New-house, conceding that he would have preferred that some other judge had to come to grips with the legislature’s House Bill No. 2, courageously performed the judicial function of the constitutional office of district judge to which the people have elected him. Observing that it is ordinarily the province of the legislature to determine if there is actually an emergency (see Johnson v. Diefendorf 56 Idaho 620, 57 P.2d 1068 (1936), he…