Kavanaugh Accuses Gorsuch of Judicial Activism in Criminal Justice Case
Today the U.S. Supreme Court struck down a federal criminal statute on the grounds that its language is so imprecise that it violates the Constitution. "When Congress passes a vague law," declared the majority opinion of Justice Neil Gorsuch, "the role of courts under our Constitution is not to fashion a new, clearer law to take its place, but to treat the law as a nullity and invite Congress to try again."
Writing in dissent, Justice Brett Kavanaugh championed a very different sort of role for the courts. "A decision to strike down a 33-year-old, often-prosecuted federal criminal law because it is all of a sudden unconstitutionally vague is an extraordinary event," Kavanaugh complained. "The Court usually reads statutes with a presumption of rationality and a presumption of constitutionality."… Yes, the Supreme Court is supposed to "ensure that Congress acts within constitutional limits and abides by the separation of powers," Kavanaugh wrote. "But when we overstep our role in the name of enforcing limits on Congress, we do not uphold the separation of powers, we transgress the separation of powers."
In other words, Kavanaugh just called Gorsuch a judicial activist.
https://reason.com/2019/06/24/kavanaugh-accuses-gorsuch-of-judicial-activism-in-criminal-justice-case/