A couple of months ago, I noted that Oregon's Measure 37 , an initiative that was passed with 61% vote last year, only to be struck down by a state judge under the Oregon constitution. Kimberly Strassel has an update on the situation--including efforts by Oregonians to recall the judge who decided the case and other efforts to intensify scrutiny over judicial elections.
As a big picture matter, there are obviously plenty of interesting questions here about the balance to be struck in elected judicial systems between judicial independence and judicial accountability. This is especially so in light of the fact that Measure 37 was adopted by an overwhelming majority in a popular initiative and does not appear to have the intent or effect of injuring any identifiable minority of the population. Moreover, given the public choice problems inherent in getting governments to tie their own hands (such as is the case here), it is questionable whether there would be any other practical way to bring about this popularly-desired reform without adopting it by initiative.