“These decisions pose two major problems, ... A lack of stability or predictability in the law because the two cases, decided three years apart, are virtually indistinguishable; and, two, the court's judicial activism in functioning as a super legislature.”
“Isn't there a lack of respect for Congress demonstrated by the Supreme Court, as Justice Scalia points out that it is 'ill advised' for the court to set itself up as 'taskmaster' to determine that Congress has done its 'homework'?”
“What is happening is escalating, and then there is escalating beyond that. I go back to 1987, when the Democrats won control of the Senate, President Reagan's last two years, and it was tough, but not nearly as tough as it became later.”