[Kevin Curry]

The judges in these states did not take upon themselves the unilateral power to impose death sentences in capital cases. The legislatures in these states passed legislation giving state judges that authority. What SCOTUS did was declare such legislation unconstitutional under the 6th Amendment.

The state legislatures giveth, and SCOTUS taketh away.

Judicial activism has reference to a court's exercising de facto legislative power by nullifying (effectively rescinding) legislation, imposing conditions and restrictions on legislation that are not present in the legislation or discernable from its legislative history, or generally exercising powers that are properly the function of the legislature.

Judicial activism is often irsksome and counterproductive because it infantalizes state legislative bodies and teaches the electorate that the REAL power lies in unelected life-tenured judges and justices--not in the legislature.

[Sabertooth]

What SCOTUS did was declare such legislation unconstitutional under the 6th Amendment.

Agree with this, as with the rest of your post.

The only distinction I was making with your post at #53 was that this Supreme Court decision was "activist." At this point, I don't believe that's the case.