Handley v. Cook

I dissent from the majority opinion because the Court has made two mistakes. When the Court makes mistakes it should have the courage and patience to admit and rectify them.

I

The first of the two mistakes of the Court delays justice and therefore denies the petitioner’s constitutional rights.1 Petitioners, small landowners, invoking the original jurisdiction of this Court, raised five issues in support of a writ of prohibition.2 When the Court agreed to *635hear the petitioners, it acted unwisely in limiting argument3 to what this majority now declaims to be two issues:

“The ... question ... is…