The Difference:
Obama’s Supreme Court comments stir debate – The Washington Post
On Monday, he needled conservative commentators, saying that for years, “what we’ve heard [from them] is, the biggest problem on the bench was judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed law.”No, SCOAMF, the judicial activism the right hates is when your lefty tools make up new law out of a whole cloth – or a penumbra – not when the court overturns unconstutional laws, which is what it is supposed to do.
Even if the justification for those unconstitutional laws is 80 years of stare decisis based on originally incorrect rulings.
All that said, the solution to these problems is not to attempt to make the court more directly responsive to the political whims of the mob.
An example of judicial activism: The right to abortion or the right to privacy. Neither exist in word or intent in the Constitution yet these rights have been inferred by judicial activist judges that use them to strike down constitutional laws. That is judicial activism.
Striking down Obamacare, however, relies on actual law as written in the Constitution, thus ending Obamacare would not be judicial activism.
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