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Reply #9: People need to get a grip [View All]

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Jacobin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-20-05 01:14 PM
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9. People need to get a grip
Judicial decisions, particularly those at the appellate and supreme court level are practically all 'legislative' in nature. The make law that the legislature has either not made statutorily, or they interpret statutes that are vaguely written, thus creating laws themselves. Thus it has ever been, my friend.

The 'activist' label so successfully put on judges who disagree with liberal judges is not a trap we should be falling in.

Go read Bush v. Gore, and tell me that wasn't an activist decision, penned by so-called conservative non-activist judges.

We need to be really careful about not falling into the trap of arguing the silly frames created by RWers.

This is one of those silly traps.
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