Bad. Not their place. And since your intent here is obvious, I'll comment on your implication. The definition of "activist judges" is not judges who rule against the prog position. This decision merely involves statutory interpretation and they interpreted the staute according to its plain language, as the law requires. And activist opinion would have said, we don't care what Congress said, we will interpret the satute in accordance with how it should have been written. That is legislating from the bench, which is forbidden by the Constitution.

In all likelihood, the DC Circuit will hear this case en banc. And, given that the PiC packed the DC Circuit with the help of Reid, they will practice activism and reverse this panel's holding. Doesn't really matter as it wil go to the Supreme Court, who will ultimately decide the issue.

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Well they only have to reverse one panel since the other got it right.