Why do I want them to rule that it is? Because it is bad law. Do I think they will? No. Do I think that those who are attempting to get it overturned have any hope at all of succeeding no.
One need not think that a bad law is unconstitutional in order to hope that it gets over turned.
Immie
I do think it's bad law in its policy, but the COTUS doesn't care whether a policy is smart. Intelligence (or lack thereof) in policy is a legislative function.
Policy comes and goes, but what the COTUS protects is the balance of power and the framework of governance. I simply can't agree that it would be a good thing to apply that kind of activism and hope it's declared unconstitutional under a fiction just to get rid of the policy when what will be affected is much, much more. The bench is already too politicized.
We've been living with judicial activism for decades and now you want to stop it?
Immie
Depends what you consider activism. Ruling based on precedent rather than strict construction of the language? No, I don't see that as activist under my preferred method of interpretation. Hoping the Justices manufacture a fiction in order to get rid of a policy I disagree with but don't see as a constitutional violation, thereby setting precedent that will be followed and built on in future? Yep, I see that as a problem.