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I am just an engineer not a lawyer but it seems to me that any time a judge cites a "consensus of public oppinion" about a law rather than its legal and/or constitutional merits, that would judicial activism. My understanding is that it is up to the judical branch to decide what the law/constitution requires and the legislative branch to decide what the people want. I am sure that that is a gross oversimplification but I think it is in the ballpark is it not?
SFC W
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