re: #193 WindUpBird

The difference is the very principles of the supreme court (activist judges!) are often questioned by conservatives, under the guise of “strict constitutionalism. As if the constitution were some magic oracle book from Harry Potter that writes itself.

Well they aren’t just supposed to make stuff up to fill in the blanks, thats what the popularly elected legislature is for. The Court can rule on the constitutionality of a law, but it can’t legislate from the bench. Thats the knock against activist judges. They think its OK to bend or break the rules if the cause is just in their mind. Wrong.