Is there a violation of separation of the separation of powers when a judge makes a judgment enforcing a public right?
MultiRegion, United States of America
The following excerpt is from Mount Graham Coalition v. Thomas, 89 F.3d 554 (9th Cir. 1996):
Id. at 431-32. Thus in Wheeling Bridge, as here, there was no violation of separation of powers. See also Hodges v. Snyder, 261 U.S. 600, 603-04, 43 S.Ct. 435, 436-37 (1923) (judgment enforcing a public right, obtained by individuals for their own benefit, may be annulled by subsequent legislation).
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