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I do not understand - Dan the Serene
June 29th, 2008
01:54 pm

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I do not understand
After reading this post on armsandlaw, I am confused by the argument of the dean of the UC Irvine School of Law who feels strongly that Heller constitutes conservative judicial activism. Basically, the decision confirms that the Bill of Rights enumerates individual rights. Where is the activism in that? I'd say it was more like judicial restraint.

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From:adderyn
Date:June 29th, 2008 07:44 pm (UTC)
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When the court decides against your side, it's judicial activism.
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From:dantheserene
Date:June 29th, 2008 07:46 pm (UTC)
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That seems to be the definition in effect here.
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From:adderyn
Date:June 29th, 2008 09:46 pm (UTC)
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Theres the old legal saying:
When the facts are on your side, pound the facts.
When the law is on your side, pound the law.
When neither is on your side, pound the table.

If they had won the case, we'd be hearing about how our justice system truly works well.

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