Two ironies about this issue are provided in this quote from the article linked below:
First of all, if the high court is likely to rule differently than Congress on this matter, it is important to note that the Supreme Court is the final governmental body that in fact rules on laws. How strange? What Akin seems to be saying is that if the Court thinks differently than us, let's prohibit the Court from adjudicating the case.Rep. Todd Akin (news, bio, voting record), R-Mo., the author of the amendment on legislation before the House Thursday, said the high court is likely to rule differently if it considers the substance of the case and "if we allow activist judges to start creating law and say that it is wrong to somehow allow schoolchildren to say 'under God' in the pledge."
Second, when did the Supreme Court become a bunch of "activist judges?" I have heard a federal court in California described as such, but never the Supreme Court. After all, 7 of the 9 judges were appointed by Republican presidents, one by Nixon, one by Ford, none by Carter, three by Reagan, two by Bush 41, and two by Clinton.
So, what activist judges is he talking about? What a doorknob.
Read it all here.
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