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But in this case, they re asking for judges to overturn the law that congress has passed. megyn: but the problem with that logic, chip, it assumes the law is constitutional. i don t know whether it is or not. but your argument assumes it is constitutional and no judge should question it. no. i m not saying that, whatsoever. as a trial attorney, i support the right of people to challenge laws as to whether or not they re constitutional. point being, typically these individuals that are against judicial activism are against judges making up the law and overturning what popular elected bodies put in place. megyn: i think you have redefined the arguments. normally when you hear judicial activists coming out of a liberals mouth, that s what you are talking about. out of a conservative s mouth, it s inventing laws or stretching laws. and the roles are reversed ....

Megyn Kelly , The Law Dont Start , Chip Merlyn , Point Being , Judicial Activism , Inventing Laws ,