Florida Gov. Scott was recently quoted by the Herald as saying that justices of the Supreme Court “should not be creating new law.” Instead, the court should merely interpret and enforce it.
Apparently, the governor does not understand that common law, unlike statutory law, is created and developed by the High Court on the principle of rule by precedent. Contract law, property law, tort law, etc. are examples of common law. It is, indeed, the job of the Supreme Court to create and develop common law as needed to meet the fair, equitable, just and moral needs of business, government and people.
Ervin A. Gonzalez, Coral Gables