Friday, March 28, 2014
Sunlight Is the Best Disinfectant
Republicans in the General Assembly have been hiding their thinking behind this new law and refusing to turn over documents, claiming absolute legislative immunity from "discovery."
U.S. Magistrate Judge Joi Elizabeth Peake wrote in the decision that legislative immunity must be evaluated "under a flexible approach" that balances the public's right to know and the legislative process.
"The Court concludes that, while the judicially-created doctrine of 'legislative immunity' provides individual legislators with absolute immunity from liability for their legislative acts, that immunity does not preclude all discovery in the context of this case," Peake wrote.