Who is the activist?

Here’s an interesting interpretation of the state Supreme Court’s death penalty decision last year, as reported by John Hanna of Associated Press: It was previous Supreme Court members, not current members, who were “activists.”
The previous court ruled in 2001 that the state’s death penalty law was flawed but could be fixed with new jury instructions. The current court said that rewriting jury instructions “encroached upon the power of the Legislature,” so it tossed out the entire law.
Posted by Phillip Brownlee