Is it time for the dems to fight dirty?

[Bricker]

@Buck_Godot

True,

So Bricker, if following the model of the OP we wait until two Republican legistators “happen to get food poisoning” making them unable to vote, and then we pass a law in Virginia that says that all residents need to show ID in order to vote and the only ID we will accept is union cards student ID’s, and a state provided ID that is available at the Colonial Williamburg courthouse between the hours of 12:00 and 12:15. You see the legality of what we have done and go on your merry way?

Or would you look to some activist judges to maybe take a look at it to see if its Kosher.

Of course with the understanding that if we managed to pack the court with two additional judges who agreed our way then you’d admit you must have been wrong.

Judges are not activist when they consider whether a law runs afoul of constitutional guarantees.

Judges ARE activist if they create novel theories of what constitutional guarantees exist.

In the example you offer, I believe that applying existing constitutional caselaw to the scheme you describe would result in striking down the law.

I don’t agree that’s activist: a judge who did that would be applying existing case law, not creating new law, or new constitutional guarantees.