Barrick v. Johnson

I dissent and would affirm the judgment of the trial court granting summary judgment to the respondent.

By judicial fiat, this court substitutes its will for that of the legislature. The State Department of Health is not authorized by state law, either implicitly or explicitly, to issue a new birth certificate on the basis of a tribal court order of adoption.

An agency of state government has no more power than is delegated to it by the legislature. An agency does not create power in itself; only the legislature can create power in the agency. This fundamental principle was addressed by this…