Wow, my head hurts. How exactly is the following the work of an “activist” judge? Recent Supreme Court decisions by those “beacons” of restraint, Chief Justice Roberts and his “conservative” court, are far more activist than this.
“The duty of the judge is to follow the law,” Judge Sotomayor wrote, “not to question its plain terms. I do not believe that Congress wishes us to disregard the plain language of any statute or to invent exceptions to the statutes it has created.”
“I trust that Congress would prefer to make any needed changes itself,” she added, “rather than have courts do so for it.”