Because the courts aren't supposed to reach beyond the evidence presented to them. The burden, once that law was passed, was squarely on Gibbs. We get snarky when Justice Kennedy starts citing foreign law. In this case, the courts stayed within the boundaries of the law, and now we're PO'd at them because they didn't take an activist posture.
Didn't the congress file it with the courts asking to do a de novo?
Congress filed no case. They merely passed a law.
I am with you -- I cannot believe what I have witnessed on here with the attacks on the Federal Judiciary. They were not activist judges which is what I want in judges. These Federal Judges ruled on the law not emotion which is what I thought conservatives wanted from our Federal Judges. Guess I was wrong. Conservatives on here only want judges to Rule on the Law when they rule the way they want them to. If it is against what they want, they want activist judges.
Frankly, I am disgusted with the hypocricy I am seeing.