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05-29-2009, 09:51 AM
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#29 |
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I think this line's mostly filler.
Join Date: Jan 2003
Location: DC
Posts: 13,575
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But the end result is that judges, usually at the Appellate level, are making policy. As part of their normal, official, and non-"activist" duties. They tell the legislature "Thou shalt not make such a law", and they tell the executive "Thou shalt not enforce such a law", or "Thou art enforcing that law incorrectly". Ideally, they wouldn't make policy, but it is their job to do so because things are not ideal.
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