In a hilariously mistitled feature called "This Day in Liberal Judicial Activism," the National Journal today highlighted one of the cases briefed and argued by CCL President Robert S. Peck, before CCL was formed.

      The case is State ex rel. Ohio Academy of Trial Lawyers v. Sheward (1999), which struck down a state omnibus "tort reform" statute, that attempted to reenact a variety of measures the Ohio Supreme Court had previously struck down and a score of additional similar provisions. In support of its passage, the Ohio Legislature merely noted its "respectful" disagreement with the decisions of the Ohio Supreme Court. In addition to challenging the individual provisions of the legislation, Peck characterized the lengthy enactment as a challenge to the court's authority to resolve the constitutionality of statutes. 

     The court agreed, finding the overall measure a violation of separation of powers.