A false choice. The Judicial Branch of course has a constitutional role. The problem is that some members of the judicial branch think it is their duty to legislate. This will be an easy one, just like the last one. I’d guess at least 7 votes to smack Obama and Holder silly with Scalia writing for the majority. They just ruled against Obama 9-0 on ministerial exceptions for anti discrimination laws and this one will be no different.
I was wondering how many NOW took, or are willing to take, that position in regard to judicial review of Obamacare.
Striking down legislation is not legislating. When a Judge (or Judges) strike down legislation - then WRITE the law that will replace it - or WRITE any sort of judicial remedy other than simply striking down the law - that is “legislating from the bench”.
Striking down a law as Unconstitutional is not legislating, and it IS (in my opinion) the proper role of the Courts and one of the few recourses (besides arms) that citizens have in answer to a Presidency and a Congress prone to pass legislation that tramples our guaranteed natural rights.