[Woahhs]

then answer my question

It further establishes the tyranny of judicial activism and the magic wand variety of judicial review.

[lugsoul]

Have you read this case? The only way the 11th could have ruled otherwise would have been to ignore Supreme Court precedent. Which, for this court, is binding precedent. THAT is judicial activism.

[lugsoul]

Judicial activism? This court did exactly what they are compelled to do by the decisions of a higher court. Standing up and declaring that you and ONLY you are the final arbiter of what the Constitution says is judical activism. Oh, in case you didn't notice, THAT is Moore's position.