The legislation was duly enacted by both the House and Senate, the elected representatives of the people and signed into law by the President of the United States, who was elected by a substantial majority of the American people.
Judge Sarokin's article on Huffpost
The absence of conservative criticism regarding the decisions declaring the ACA unconstitutional demonstrates that judicial activism is in the eyes of the beholder. It is not judicial activism to the right because they agree with the decision. Whether or not the statute is or is not constitutional is a profound and difficult question of law. Judges will disagree -- as they have. Neither outcome should be viewed as judicial activism.
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