A Partisan Decision? A Cleansing of the Record?

One of the rhetorical tricks used by the partisans who want to ruin the Missouri Plan is to challenge those who support it to find a partisan decision by a non-Missouri Plan judge. Of course, in Missouri, those decisions are made by circuit courts, whose decisions don't get published, so it's a bit of a false challenge, but they're kind of desperate for arguments, so they use what they can.

In responding to a comment I probably should have ignored, though, I recalled that Jeff Roe had claimed that his attacks are causing judges to alter their opinions. I went in search of the article, but I couldn't find it. It appears to have been deleted - perhaps a way of clearing out an inconvenient acknowledgment that partisan politics should stay clear of the bench?

Fortunately for those of us concerned about the courts more than about wedge issues, google cache provides the smoking gun:

September 19, 2007
Is Conservative Criticism Correcting the Courts?

Two recent court decisions out of Jefferson City give The Source hope…but not much comfort…that our state justice system may be coming around. The decisions, both by Cole County Circuit Judge Richard Callahan, upheld legislative action and a maintained a strict reading of the state’s constitution. Callahan, who had offered more liberal interpretations of the constitution in the past, used sound judgment in limiting the court’s role in setting policy.

In the first decision Callahan used the constitution’s precise language and recent legislative history to rule that Missouri’s schools were receiving adequate and fair funding. In the second ruling regarding MOHELA funds, Callahan again used legislative intent as a basis for his ruling saying that not allowing the legislature to decide where public funds could be directed would be “novel”.

The Source would note that it is not the result of the decisions which gives us hope, but how the decisions were made. Callahan, bucking recent trends, recognized the power of the legislature to write law and recognized the limits on the court to re-write it.

Unfortunately, Callahan’s decisions could be overturned by judges at a higher level who have not yet learned the lesson Callahan seems to have learned. Given the recent controversy surrounding judicial nominations, The Source has to wonder if political favor, and not the Missouri Constitution, will ultimately win the day.