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And so this has in many cases put them at odds with the israeli government. and there have been several attempts over the years to limit the court's power. it's still a fairly powerful body in israel. >> so here at the table, you know, those are some pretty crazy examples of activist courts. how do we interpret the most recent decision? the health care decision. was that an activist decision? or was that -- >> the best definition to me of the activist judge is, you know, is a judge who does something you don't agree with. until, you know, conservative justices what they want. i would say what ...

Democrats have to admit this thing is a tax on lower middle class people without health insurance, it probably would have never passed congress and none of the democrats will admit now it is a tax. ironically and i think perversely, jon, under the guise of judicial restraint he rendered an activist decision that rewrote the law and it is not his role to be the 101st senator, what i sphere, although i can't prove it, part of the motivation of this decision was playing to the media and knowing that liberals would want to erect practically a new memorial, a monument to him on the mall between the...

Practical application of gun restrictions. >> it's an activist decision, talking about activism, to extend it from the federal government to all the states, through the due process clause of the 14th amendment. andrea, i believe that the answer to violent crime really lies in a number of directions. one is tough sentences for tough criminals to get the criminals off the streets, and realistic rehabilitation and job training and the prevention of crime. i have been pushing very hard on mentoring, so that we take under the wing some of these young people who are -- i think that when the presiden...

Him? >> no. justice stevens is the kind of judicial activist that we would not like to see on the court. the american people are fed up with president obama liberal political agenda he's been pushing and his last effort is going to be to appoint someone who will rubber stamp that agenda on the court. we don't want liberal activist judges to view the constitution as something to ignore, defy or get around. >> we heard the same thing from senator hatch. i would argue to you that most activist decision was bush v. gore where the supreme court by a vote of 5-4 narnmargin of one ripped away the cap...

Death penalty for violent child rapists. he's done historical expansions of the habeas power to extend to enemy combatants not even held in this country. >> do you remember who joined him in that decision? members of the conservative court who said the executive branch should be held to the rule of law. that was not an activist decision. that was a conservative decision based on the very words of the united states constitution. come back to bush v. gore. how can you look at that and not say that was the most activist decision ever rendered by a supreme court deciding a presidential election an...