It’s a process I’ve seen play out many times in my state. The legislature will pass a bad law. The courts will explain the situation, fix it, and move on. The

It’s a process I’ve seen play out many times in my state. The legislature will pass a bad law. The courts will explain the situation, fix it, and move on. The legislature then won’t have the votes to pass a contradictory amendment, so they “codify” in a way that leaves something out of context or creates an ambiguity. Litigants then cite the statute instead of the precedent… even though they legislature never actually changed the law.