When laws don’t matter

Back when they taught things like civics in school I learned the legislative branch made the law, the executive branch carried out the law, and the judicial branch interpreted the law. For me it is elegantly simple.

Somehow judges have determined they shall just rewrite laws as they see fit. We see that with plainly written election laws. Indiana Code says mailed ballots must be received at the county clerk by noon of Election Day to be counted. There is nothing ambiguous about that. 

Now a Federal Judge has magically determined that those plain words actually mean a ballot must be mailed by Election Day and received 10 days later. 

How is that “interpreting” the law? It is making law at the basic definition. Barkers ruling is making up rules from whole cloth. It is not up to a justice to rewrite bad law. If you can’t follow the rules your ballot should not count. There is nothing unConstitutional at the core. The law is clear and the same for every Hoosier. It remains up to the elected representatives of Indiana to write election law as they see fit, not a Federal Judge. 

It seems to me, even if I only play a lawyer on imaginary TV, that a candidate could challenge any Indiana vote received after November 3rd and prevail in a higher court. If he/she cannot, then there is no justice in America anymore. The law is clear. Noon on Election Day does not mean ten days later.