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The thing that's frustrating about this is that we have lost in this country any real sense of passion and commitment for resisting unjust laws. King said: "One who breaks an unjust law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law. " In other words, in the same way prosecutors have discretion about when and when not to press charges or enforce a law so does the federal government. The Justice Department has limited resources. It could make the argument, plausibly, taht its resources are better spent elsewhere. This notion that "following the law" even when the law is wrong is absurd. It may play better politically, but it is still wrong. The other thing is that we have lost any and all ability to understand the role of the judiciary. Judges interpret laws. It is their job to look at a law and see if it is consistent with our principles and our Constitution. This notion that judges are "activist" is insane. Just because people don't like judges invalidating laws, doesn't mean that's not the right thing for them to do at certain times. The problem with all of this is that no one on the left has any commitment to principle. It's this ridiculous "process" and "doing things the right way" nonsense that harms you in the long run. This is not something like health care or financial reform, where both sides can have legitimate arguments. Opposition to open service is discriminatory and wrong. Period.