The Michigan Supreme Court has been wracked by partisan divides over many issues as highlighted by last week's decision in a medical malpractice case reported by MLive.com. We saw evidence of the open contempt of the Michigan justices for one another--in the Geoffrey Fieger decision from last year. The new decison a 4-3 opinion dealing with procedural deadlines in medical malpractice cases also breaks along poitical party lines although one Republican justice crossing the partisan divide to side with the Democratic majority opinion. Usually in these sorts of opinions the cliche` charge in the dissent accuses the majority of invading the province of the state legislature. The response in "tort reform" cases is that the legislature has already invaded the province of the judiciary and the applicable constitutions to deprive the citizens of the equal protection of the laws, in the medical malpractice arena to throw up undeserved protections for certain classes of defendants against lawsuits from persons they injured.