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Right, but power remains, and the law would have been changed to whatever power wants it to be. I was simply trying to find what is the true extent of what @Opt-out really means by his philosophy. I would have been happy if they said "yes, the judge should uphold the law".
I would certainly argue that it's better for the judges to uphold a law against slavery. Judges not upholding the law fixes nothing and breaks much; the win is temporary, the costs are lasting.
Right, but it's more interesting to hear about someone saying judges should uphold a law in favor of slavery. That's judicial consistency.
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