Boston v. Buchanan

OPALA, V.C.J.,

dissenting.

¶ 1 The court mischaracterizes today the district court’s Rule 9(b)1 dismissal authority by referring to it as drawn from “inherent power.” The erroneous use of the term elevates the process of statute-authorized rulemaking to a constitutional dimension. The question here is not whether Rule 9(b) may be converted in a proper context from its present status (as statutory) to that of one with a constitutional dimension, but whether, in the posture of this cause, it should be jurisprudentially boosted to a highér place in the hierarchy of legal norms. Convertibility of…