So, while Silberman actually stood up for the conservative principle of "judicial restraint" showing respect for the Constitution and other branches of government, Kennedy and his Republican cohorts were creating a rationale for "legislating from the bench" -- even though their partisan goals defied both the language of the Constitution and previous precedents, including some like the self-grown medical marijuana ruling, that they had endorsed.
Which is why on Tuesday the Republican justices ended up repeating goofy right-wing talking points. These partisan justices may have in mind a new twist on an old legal adage, "When the law is on your side, argue the law; when the facts are on your side, argue the facts; when neither the facts nor the law are on your side, talk about compulsory broccoli-eating."
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