BushCo: remaking America by court order since 2000

Somebody, please, explain to me why new SCOTUS nominee Alito, who declared the Family Medical and Leave Act unconstitutional, was not legislating from the bench, but the judges who declared that the Mass. anti-gay marraige bill was unconstitutional were legislating from the bench.

'Cause I really wanna know.

After all, Bush did say "We will not stand for judges who undermine democracy by legislating from the bench and try to remake America by court order."

Not that anyone ever holds Bush to one thing that he says.

(the following paragraphs are for bitter liberals only)

Clinton was vilified, and I do mean vilified, in the press for not remaking the US military overnight because he said in his '92 campaign that gays should not be discriminated against in the military. And I believe the resulting fuss, mostly whipped up by a hypocritical Washington press corp who were out to see Clinton fail rather than deal seriously with the issue at hand, was part of the reason his administration did fail to enact a decent policy in that area. Within 1 month of his inauguration, the US press was repeatedly referring (with a straight face) to the "failed Clinton presidency."

Does anyone remember that? The failed Clinton presidency? Can you imagine if BushCo were subjected to anything remotely approaching that kind of scrutiny?