Striking down a law is not judicial activism.
A Court REWRITING A LAW is Judicial activism as they are not the Legislature.
A Court Re-Interpreting a law to “discover” a right that never existed in reality, is judicial activism. Such as the Roe v. Wade decision. Such as the Kelo decision.
All superb points. Especially...
“A Court REWRITING A LAW is Judicial activism as they are not the Legislature.”
Oh, the irony...NOT. A deliberate leftist tactic. Their best hope is that SCOTUS would rewrite the law.”
Is that not what the leftist judges were essentially proposing if the individual mandate were to be struck down?
Obama, et al. knew it was unconstitutional from the beginning.
In the oral arguments:
Kagan was politicking;
Ginsberg was saying, “There are some good parts of the law we must uphold even if the mandate would be deemed unconstitutional”;
And Sotomayor ...in a world of her own... and totally ignorant of the basic fact that it is illegal for hospitals to turn away emergency-room patients (even though her brother is an intelligent, well-respected MD).