by folkbum
When the Supreme Court of the United States overturns a state law duly enacted by the legislature of that state, it is an activist court making a bad decision by overturning the will of the people. Alternatively, when the Supreme Court of the United States overturns a state law duly enacted by the legislature of that state**, it has done a great service for the Constitution and our freedoms.
Also, when Supreme Court of the United States overturns a law duly enacted by the Congress of the United States, it is an activist court making a bad decision by overturning the will of the people. Alternatively, when Supreme Court of the United States overturns a law duly enacted by the Congress of the United States, it has done a great service for the Constitution and our freedoms.
* I went with this format since I figured "Heller High Water" was already taken by someone, somewhere. Also note that my wry irony about Scalia's "[i]t will almost certainly cause more Americans to be killed" rationale made the front page of Daily Kos, but some other guy got the credit, though I clearly beat him to the punch.
** For purposes of this post, we'll consider Washington, DC, a state, since the principle is the same.
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