Judge Yeary says: "Opinions Are Not The Law!" Opinions are important because they explain to the parties why the court made its decision. They also can constitute "Rules of Decision" that bind the lower courts to follow an opinion as precedent. But it is important for all of us to understand these "Rules of Decision" as rules, because rules rank below statutes and constitutions in the hierarchy of laws.

In our constitutional system, the courts have no "legislative power." They do not make the law. So when a "Rule of Decision" is in conflict with a statute or constitution, the statute or constitution must prevail. If you agree with Judge Yeary, hit the DONATE button on his home page and contribute to his state-wide re-election campaign!