Barney Frank: “Absolutely. Let us just be very clear. I, from what I have read, would not have voted to issue that survey. I think it…”

“Absolutely. Let us just be very clear. I, from what I have read, would not have voted to issue that survey. I think it was a mistake. But I hope the majority is not telling us that it is the role of the circuit courts of appeals to second-guess the psychological judgments of the school boards. Again, you may disagree even with what the court said in terms of the final decision, but let us be intellectually honest. It is a lack of activism. In the eminent domain case here, it is a lack of activism. It is a complaint by the majority that the courts have upheld decisions by local officials that the majority does not like. They have a right to that view; they just do not have a right to disguise it. I thank the gentleman for yielding.”