It's funny how quickly you turn from a strict Constitutionalist to an activist judge based on your political views. For instance, most left-leaning people prob

It's funny how quickly you turn from a strict Constitutionalist to an activist judge based on your political views. For instance, most left-leaning people probably think that in the civilian forfeiture rule, the judges should take a strict constructional interpretation of the constitution and forbid it. However, when it comes to striking down immigration bans based on an economic argument[1], all of a sudden you want an activist judge. I'm not saying I care either way, but I care about consistency. I think we are based on a common law system, and once an economic argument is successfully made it can be make at any time. If we're ok with that, we should be ok with civil forfeiture. [1] The state says the ban would harm its tourism industry and the ability to recruit foreign students and workers.