anon
“It applies to Federal and State legislation as well the Constitution, and they oppose judicial activism”
Yes obviously
Yet Kavanaugh engaged in judicial activism, when it suited him. I didnt say the entire opinion was an example. I specifically said his third reason
In his third reason he makes a case that we need the results of an election right away. including this bizzare sentence “want to avoid the chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after Election Day and potentially flip the results of an election”
THIS argument is pure judicial activism No where in the constitution does it say results must be available on election day.
This is not an argument neither based on a textual nor originalist interpretation of the constitution. IT is pure activism driven by his desired outcome
(GH, yes they are different but they are related and in this conversation the difference is largely inconsequential . furthermore “originalism” is sometimes used to refer to “original intent” and sometimes “original meaning” while original intent would include secondary sources , motivations behind the law etc, “original meaning typically does not and is pretty much the same as “textualism”)