Originally posted by Imran Siddiqui
Though you do realize the heightened scrutiny test is solely a Court invention, right? No one actually voted on having such a test for violations of the 14th Amendment. So I wonder what is the difference between using any Court invention in determining if there is a compelling reason to strike down law? Compelling reason is of course to be decided by the Court which is entrusted with such power.
Though you do realize the heightened scrutiny test is solely a Court invention, right? No one actually voted on having such a test for violations of the 14th Amendment. So I wonder what is the difference between using any Court invention in determining if there is a compelling reason to strike down law? Compelling reason is of course to be decided by the Court which is entrusted with such power.
Sometimes activism produces good results ( Brown), but many times they reach results that are harmful ( Dred Scot), wrong (Lochner ), or sometimes just bizarre(Slaughterhouse Cases). I recognize that Activism has its place from time to time, but I think that SC justices should act with caution when exercising such immense power.
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