Strike, despite your claim that the comparison is erroneous, if you applied exactly the same logic you and many others seem to hold about the "role" of courts when it comes to deciding matters of legislation vs. civil rights, much of the civil rights movement would have been aborted. Brown vs. Board of Education, Loving vs. Virginia, Ex parte Endo, could all be painted as "judicial overreaching" if you espouse the idea that the court has no business overturning ANYTHING unless there is highly specific language in the Constitution protecting (or banning) a very precise issue in question.
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