Maybe we need an amendment to define "judge" more rigorously

Will Bardwell calls out Hinds Circuit Judge Malcolm Harrison for "astonishing laziness" in allowing a ballot initiative to redefine "person" in the Mississippi Constitution (it's an embryo/fetus thang).

Quoting from the court's order dismissing the case denying the motion (see below) makes it even more egregious:

Plaintiffs ask the Court to declare the Initiative unconstitutional and enjoin the Secretary of State from delivering the measure to the legislature for placement on the November 2011 general election ballot. The Mississippi Constitution, Section 273(5)(a) states the initiative process shall not be used: (a) for the proposal, modification or repeal of any portion of the Bill of Rights. The plaintiffs argue the Initiative violates Section 273 by modifying and adding to the Bill of Rights.

(Emphasis addded.) So okay, that's the basis for seeking relief. What saith the circuit court?

Plaintiffs carry a heavy burden in attempting to restrict the citizenry's right to amend the Constitution. Initiative Measure No. 26 has received more than the required amount of signatures to be placed on the ballot and the Constitution recognizes the right of citizens to amend their Constitution. The Court finds plaintiffs have not met their burden.

No, really, that's it.

Number of cases cited: zero.

No response whatsoever to the only argument lodged by the plaintiffs.

This is so bad, so poor, that it makes one wonder whether a denial of due process has occurred here. Does one have a meaningful opportunity to be heard if one's central (perhaps sole) argument is not even responded to? I don't know.

Bardwell blames "laziness." Given the impending election, the vices that come to my mind are more like "cowardice" or "hypocrisy." If this is the kind of judge he's promising to be for the next 4 years, then Hinds voters need to consider somebody else.

Miss. Const. art. 6, sec. 155:

I, ________ , solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ________ according to the best of my ability and understanding, agreeably to the Constitution of the United States and the Constitution and laws of the state of Mississippi. So help me God.

Section 273(5)(a) appears not to be the only part of the state constitution that Harrison disregards.

... NMC cannily notes that denial of the 12(c) motion is not, technically, dismissal of the suit (tho as it presents a pure question of law, I don't see any basis for not entering a final judgment for Hosemann).