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Politics : President Barack Obama -- Ignore unavailable to you. Want to Upgrade?

To: nigel bates who wrote (55065)	5/31/2009 10:28:03 AM
From: TimF	Read Replies (1) \| Respond to of 149317

That really isn't 'the question'. Its the vital question here. Certainly empathy isn't, because whoever makes the decision can be empathetic or not. Courts don't have a monopoly on, or even a particularly strong connection to the idea of empathy. You are setting up a classic straw man argument, A straw man argument would be if I was setting up a false, weak, argument for you side, that I could easily demolish and this try to appear to win. That's certainly not what I am doing. Do you believe (for example) that the Supreme Court has jurisdiction to enforce Second Amendment rights at the state level ? If so, then you support one of the fruits of "judicial activism". Not clearly so. Unless you consider the whole doctrine of incorporation to be judicial activism, and think the federal courts have no power or responsibility to enforce the prohibition of establishment of religion or to disallow severe restrictions of free speech, against state governments.