Legal Opinion · Dissent

Thompson v. Hagan

Idaho Supreme Court

Decided June 26, 1974No. 11413Published

1DissentShepard, Chief Justice

I consider the action of the majority opinion today to be an unwarranted intrusion by the judicial branch of government *27into the area of policy determination traditionally and historically reserved for the legislative branch of government.

I would note at the outset that I emphatically disagree with the policy which is enunciated in our guest state. However, I must resign myself to the fact that I am not, nor is any other member of the judicial branch of government, authorized and empowered to overturn policy decisions made by the legislative branch of government. Both this court, Keller v.…

2Cases cited16 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Silver v. SilverSupreme Court of the United States · 1929
  3. Delany v. BadameIllinois Supreme Court · 1971
  4. Vogts v. GuerretteSupreme Court of Colorado · 1960
  5. State v. DavidsonIdaho Supreme Court · 1957

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