Categories · Lawsuits
· Smokefree Policies
· Preemption
· Op-Ed
USA, by State · South Carolina
|
Jump to full article: Columbia (SC) State, 2008-04-03 Author: CINDI ROSS SCOPPE - Associate Editor
Intro: Whatever language you use, the Supreme Court's unanimous decision upholding Greenville's workplace smoking ban dealt a stunning blow to the sloppy, shortcut-laden way the Legislature does business. . . .
On Monday, the court essentially said, "We don't care what you intended to do; you didn't do it." Except it couldn't say that exactly, because that would suggest that it knew what the Legislature intended, and as the justices are quick to remind us, "the cardinal rule of statutory construction is to ascertain and effectuate the intent of the Legislature." . . .
Here's the great irony: The votes were almost certainly there in 1997 for the Legislature to write a pre-emption law that actually did prevent local governments from banning smoking. For that matter, the votes were probably there four years ago. But to correct a mistake is to admit you made one, and if there's anything our Legislature dislikes more than it likes playing fast and loose with the rules, it's admitting its mistakes.
For once, that turned out to be a good thing.
Jump to full article » |