There needs to be a system in place to deal with activist judges who rule by activism and politics over the constitution. A decision overturned by a higher court should go into a review process to determine the merits of the lower ruling. If it was political activism there should be a serious penalty.
How about a little legal activism on your part, Jeff, to protect the constitution?
There is.
It is called impeachment.
But the ‘Pubbies don’t have the balls to impeach judges, and they wouldn’t be able to get past Democrat partisanship.
We have a system prescribed by the Constitution for removal of activist judges. It's called impeachment.They should be removed for failing to uphold the Constitution, i.e., for falsely assuming power and authority that's exclusive to the legislative and executive branches.
The problem is that impeachment and removal requires that our Congress stop abdicating its power and responsibility and do its duty to maintain the separation of powers outlined in the Constitution. That would means Congress impeaching and removing activist judges - something our party system thwarts.