Mirabilio v. Regional School District 16

I would certify this case to the Connecticut Supreme Court, and I write to record my strong dissent from our failure to do so.

Judicial activism comes in many forms. One of the most unjustified is when a federal court, for no good reason, reaches out and answers an undetermined question of state law.1 Doing this, rather than certifying the question to the state’s highest court, impedes the state from determining the course of its own law, and subjects the parties to a decision that may be wrong and cannot subsequently be corrected even if later the state has an opportunity to make its law…