In essence I agree Julia. I don’t see this as judicial activism to this point at all. That wouldn’t necessarily preclude a decision that might come close to being judicial activism though. That would rest on the decision itself, and the reasoning behind it.
Agreed. I think the good thing here is that people will be forced to have a dialogue about what is constitutional.
The statement by the White House lawyer seems to me to equate to, “An economic crisis trumps the law.”
Leftists screamed at the Patriot Act as illegal and in essence, the previous administration said, “Safety of the people trumps privacy rights.”
I’ll admit that I’m not a constitutional lawyer and maybe there are some on this board. In fact, after the Palin interview, I got a library book on the constitution because I judged myself and found myself wanting.
It seems to me that SCOTUS right now is putting the gavel down on the idea of never letting a good crisis go to waste.