Quote:
Originally Posted by pan6467
Another case, overturning Roe Vs. Wade...... the GOP want judges to overturn this, but it interferes with a freedom, and the state and localities' rights to choose if they want it. That is legislating from the bench..... making illegal an act of freedom on "moral" principles.
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This is also done for murder, rape, assault, drunk driving, battery, fraud, forgery, etc. etc. etc. These are all illegal for "moral principles".
As for abortion being a "freedom", nowhere in the constitiution does it say a woman has the right to kill her unborn child.
Judicial activism is when a judge goes outide of the law to rule in a way that they feel is best, despite there being no sound legal basis. Roe v. Wade is a textbook case of this. As I said before in another thread, there's nothing wrong with a judge writing in their opinion that they feel a law should be changed, but it should be left to the legislature, and not the judge making some specious legal argument for rewriting a law or the constitution.