NCJ Number
54981
Journal
Washington and Lee Law Review Volume: 35 Issue: 4 Dated: (FALL 1978) Pages: 949-976
Date Published
1978
Length
28 pages
Annotation
THE LEGITIMACY OF THE FEDERAL COURTS ISSUING ORDERS THAT INVOLVE EXTENSIVE INTERVENTION IN STATE INSTITUTIONS AS A REGULAR MATTER IN THE ORDINARY COURSE OF BUSINESS IS CRITICIZED.
Abstract
THE EXTENSIVE INTERVENTION OF FEDERAL COURTS INTO THE OPERATION OF STATE INSTITUTIONS (SCHOOLS, HOSPITALS, PRISONS, POLICE AGENCIES, ETC.) ON THE BASIS OF VIOLATIONS OF CONSTITUTIONAL RIGHTS HAVE OCCURED IS LIKELY TO PROLIFERATE UNLESS CERTAIN PARAMETERS FOR JUDICIAL ACTION IN SUCH CASES ARE SPECIFIED. THE SUPREME COURT'S INTERVENTION IN SEGREGATION OF SCHOOL FACILITIES AND VOTING APPORTIONMENT WAS JUSTIFIED ON THE BASIS OF FLAGRANT DENIALS OF CONSTITUTIONAL RIGHTS OF THE PLAINTIFFS. WYATT V. STICKNEY (INVOLVING POOR CONDITIONS OF TREATMENT IN AN ALABAMA STATE MENTAL HOSPITAL) AND RIZZO V. GOODE (INVOLVING FREQUENT UNCONSTITUTIONAL ACTIONS BY PHILADELPHIA POLICE) INVOLVED JUDICIAL INTERVENTION IN STATE AND LOCAL INSTITUTIONS FAR BEYOND THE REMEDYING OF THE CONSTITUTIONAL VIOLATIONS BROUGHT BEFORE THE COURTS. EXTENSIVE AND DETAILED REFORM OF THE OPERATIONS OF THE VIOLATING INSTITUTIONS WAS PRESCRIBED BY THE COURTS IN EFFORTS TO CONSTRUCT PROGRAMS THAT WOULD PRECLUDE FUTURE CONSTITUTIONAL VIOLATIONS. JUDICIAL ACTIONS THAT GO FAR BEYOND REMEDYING THE SPECIFIC CONDITION OF CONSTITUTIONAL VIOLATION ARE UNWARRANTED INTRUSIONS INTO THE EXECUTIVE AND LEGISLATIVE RESPONSIBILITIES OF ELECTED REPRESENTATIVES. FEDERAL JUDICIAL MANAGEMENT OF STATE AND LOCAL FUNDS IN ORDER TO REMEDY EVILS AS PERCEIVED BY THE FEDERAL JUDICIARY BORDERS ON TAXATION WITHOUT REPRESENTATION. FURTHER, FEDERAL JUDGES ARE LIKELY TO HAVE A VIEW OF STATE AND LOCAL ISSUES CHARACTERISTIC OF A PARTICULAR SOCIOEONOMIC ELITE THAT DOES NOT SUFFICIENTLY REPRESENT THE VIEWS OF THE CITIZENRY OF A STATE OR LOCAL JURISDICTION. THE MOMENTUM TOWARD PROLIFERATION AND REGULARIZATION OF BROAD INSTITUTIONAL RELIEF CAN BE SLOWED OR STOPPED ONLY BY HEIGHTENED JUDICIAL SENSITIVITY TO ITS IMPLICATIONS AND CONCOMITANT JUDICIAL RESTRAINT IN THE FOLLOWING DIMENSIONS: THE FORMULATION OF NEW CONSTITUTIONAL RIGHTS IN AFFIRMATIVE DUTY TERMS WHICH IMPLY INSTITUTIONAL RELIEF, THE DISMISSAL OF MORE TRADITIONAL OR MORE LIMITED REMEDIES AS INEFFECTIVE WITHOUT A CLEAR DEMONSTRATION THAT THIS IS THE FACT, AND THE DRAFTING OF INSTITUTIONAL DECREES IN TERMS WHERE THE RELIEF EXCEEDS THE SCOPE OF THE VIOLATION. (RCB)