I was wondering how many NOW took, or are willing to take, that position in regard to judicial review of Obamacare.
Striking down legislation is not legislating. When a Judge (or Judges) strike down legislation - then WRITE the law that will replace it - or WRITE any sort of judicial remedy other than simply striking down the law - that is “legislating from the bench”.
Striking down a law as Unconstitutional is not legislating, and it IS (in my opinion) the proper role of the Courts and one of the few recourses (besides arms) that citizens have in answer to a Presidency and a Congress prone to pass legislation that tramples our guaranteed natural rights.
Incomplete. Striking down an unconstitutional law is not legislating. Striking down a constitutional law is legislating and there has been plenty of that.