Legal Opinion · Dissent

Stephenson v. Woodward

Kentucky Supreme Court

Decided January 19, 2006No. 2005-SC-0603-TG, 2005-SC-0604-TG, 2005-SC-0645-TGPublished

1Dissent

SCOTT, Dissenting Justice.

Respectfully, I must dissent. I still firmly believe that Justice Keller was right in his March dissent, when he noted, “because the Kentucky Constitution contains an express separation of powers among the three branches and provides that the Senate itself shall be the sole judge of the qualifications and elections of its members, the Court of Justice, as a whole, lacks jurisdiction in this case.” I joined Justice Keller then and after all the ensuing briefs, discussions and arguments, I remain firmly convinced of the correctness of his position.

The campaign for the…

2Cases cited24 opinions

  1. Tenney v. BrandhoveSupreme Court of the United States · 1951
  2. Evans v. BrowneIndiana Supreme Court · 1869
  3. Powers v. CommonwealthCourt of Appeals of Kentucky · 1901
  4. Powers v. CommonwealthCourt of Appeals of Kentucky · 1902
  5. Secretary of State v. STATE LEGISLATURENevada Supreme Court · 2004

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