Quote:
Originally Posted by wdmso
You really dont pay attention do you ... who voted to keep it? and are now legislating from the bench.. and republicans suddenly support it.
yes the daggers are already out for Gorsuch from the faithful who are disgusted he broke ranks ...
but please keep thinking that's not happening
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I try to pay attention to what you say, but you make it difficult to do. Some of the stuff you say is crazier than stuff Trump says, and it's just as disjointed as his rhetoric. I couldn't tell, from the way you presented it, if you were saying that Gorsuch was legislating from the bench or if it was the other Justices. In either case, you didn't make it clear how they, whoever, was doing the legislating. Voting to keep a policy that was put in place by Congress, or the President, is not legislating from the bench--it is affirming that existing legislation, or policy, made by those others as constitutional. It's what SCOTUS is supposed to do, affirm or strike down. Neither of those decisions is "legislating." Legislating from the bench is when Judges impose their personal opinion (rather than the Constitution) on the law in question in ways that the Judges subjectively consider "good" or socially "just" for society, regardless of, or entirely outside of, the scope and intent of the policy in question--thusly creating "legislation" that was not passed by Congress into law.
It can't tell if you either don't know what you're talking about, or you actually believe that Judges affirming or striking down a law is legislating from the bench. If you believe that, then you would have to believe that the judges are supposed to legislate from the bench since upholding or striking down a law is their constitutional duty--which, I guess, would be sort of the same as you not knowing what you're talking about.