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[quote=Anonymous][quote=Anonymous]Can someone explain this to me? A lot of the conversation with the Judge this week has centered around judicial activism and judges not overturning law, particularly law passed by congress (as opposed to law conjured by judges, like Roe) - I get that, but given that, how is it possible to "overturn" the ACA, when the ACA was passed by the Congress and signed by the President?

Wouldn't THAT be judicial activism?[/quote]

Yes.  The right decries judicial activism when the reality is conservative judges can be just as guilty of it.  See Bush v. Gore.

There is a debate to be had over the extent to which the Constitution should be interpreted literally v. what makes sense in modern times, but that is not the debate that the right wants to have.  Otherwise, they would all have muskets in their arsenals as opposed to AR-15s.

Any judge will have to engage in some interpretation of a law or it wouldn't be before a court.

Judicial activism is a disingenuous straw man that the right uses to fill the courts with judges that will use any passable means to overturn a law on a technicality- oops, I mean original/textual meaning- to keep us all in the Dark Ages.  They also do not want judges that believe that "equal protection under the law" extends to anyone that is not white and possibly anyone that is not male. 
 [/quote]

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