“He suggests it would be better to invalidate the whole thing and let Congress start from scratch. Mr. Kneedler, in response, said such a move would violate principles of judicial restraint.”
Well Mr. Kneedler, the judicial restraint violation would balance out the gross legislative violation.
Hearing liberals argue for judicial restraint is like hearing communists argue for free enterprise.
I respectfully point out that striking the entire statute IS the correct action from a judicial restraint point of view. Striking only parts and having the Court go through and re-write the legislation is much more a usurpation of the legislative role and having the court substituting its judgment for the (so called)judgment of the (so called) people’s representatives.