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September 25, 2002

How Judges Make Law

The judicial branch's "top policy-making body" (bet you didn't know they had one) just developed new rules for class actions considered the most significant since 1966. While the changes seem generally on the right track, the interesting fact is that they could have the force of law. See this phrase in the article:

The proposals now go to the full Supreme Court, which will transmit them to Congress by next spring. Unless rejected or modified by Congress, the rules will achieve the status of federal law on Dec. 1 of next year.
Essentially, this is a set of laws that Congress can veto but if they do nothing, they still become law.

People wonder if lower court judges matter, but here is a clear example of judges as a whole voting on changes collectively that have the force of law.

Posted by Nathan at September 25, 2002 09:00 AM

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