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To: Labyrinthos

You may see the opinion at:

http://a257.g.akamaitech.net/7/257/2422/23jun20051201/www.supremecourtus.gov/opinions/04pdf/04-108.pdf


Gwjack


50 posted on 06/23/2005 2:21:01 PM PDT by gwjack (I love the smell of democrats in the morning. It smells like VICTORY!)
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To: gwjack

Thanks for the link, I actually finished reading the entire opinion, including the dissents, about an hour ago, and I find a most interesting problem: We often complain here at FR about activist judges who overrule our elected legislators and effectively legislate from the bench. But in this particular case, Judge Stevens basically says that the Federal Courts have no business second guessing the legislative wisdom of the elected officials who approved the scheme in the first place. In other words, judicially overturning the determinations of the local legislature is the kind of judcial activism that we generally oppose.


53 posted on 06/23/2005 2:39:55 PM PDT by Labyrinthos
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