Very few people talk about this, but there are two categorically different forms of judicial activism - one where judges carve out from themselves or the executive or legislature, powers (usually regulatory) from whole cloth. And one where judges restrict the power of the state (e.g. "the state cannot arrest someone for burning the flag, whether or not such a law exists").
Which one would you suppose a ruling on this falls under?
> Which one would you suppose a ruling on this falls under?
The latter hopefully/clearly. But I don't consider it activism to uniformly apply your interpretation of the law. The activism I was concerned about is narrow application in this supposedly "exceptional" circumstance. Is that a "third form" or is it an extension of the first except they carved it out for someone else?
Which one would you suppose a ruling on this falls under?