point of clarification about those darn activist judges

I suppose when Indiana Congressman John Hostettler, the Republican who sponsored the bill passed today by the House of Representatives to strip federal court jurisdiction over same sex marriage issues, (via CNN) made these remarks quoted here ...

[he] likened the Supreme Court to the Soviet Politburo. "As few as five people in black robes can look at a particular issue and determine for the rest of us, insinuate for the rest of us that they are speaking as the majority will. They are not," Hostettler said.

... he wasn't really thinking about Bush v. Gore, the 5-4 vote to stop the recount in Florida in 2000.