NationStates Jolt Archive

http://www.nynewsday.com/news/local/wire/ny-bc-ny--gunlawsuits-newyo1202dec02,0,139395.story

Sum up:

Federal judge allows NY lawsuit against firearm industry to continue because "gunmakers violated public nuisance law by fostering a situation that allowed widespread access to illegal firearms."

But did rule the law constitutional and paused the case for appeals.

Based solely on the article, I'd say that the judge did his job--he's looking at the statute as it's written and ignoring any arguments having to do with the "intent of Congress," and most importantly, deferring any action on it until his decision is appealed and heard by a higher court. There's nothing particularly activist about that, unless by activist you mean "disagrees with me."