(Editor’s note: Opinion pieces are published for discussion purposes only.)
By Robert Robb | Arizona Republic
I sometimes feel sorry for judges, although they come in for a lot of criticism in this column.
The reaction to their work is invariably based on feelings regarding the policy outcomes of their decisions. But judges aren’t supposed to be making policy. Done right, their decisions clarify, not make, policy.
An excellent example is the recent Arizona Supreme Court decision regarding Arizona’s assured water supply law.
That law requires that a developer show that a 100-year water supply is “continuously, legally and physically available.”