"If the terms 'judicial activism' and 'judicial restraint' have any meaning, it is that a court is activist when it is invalidating laws and overruling precedent, and restrained when deferring to popularly elected legislatures and following prior decisions.
"Never before had the Supreme Court found that the 2nd Amendment bestows on individuals a right to have guns. In fact, in 1939 (and other occasions), the court rejected this view. In effectively overturning these prior decisions, the court both ignored precedent and invalidated a law adopted by a popularly elected government."
In the Los Angeles Times, Erwin Chemerinsky criticizes the Supreme Court's decision in District of Columbia vs. Heller.
Friday, June 27, 2008
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