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because these men, whatever their intentions may be (although their trampling of precedent makes it difficult to see their intentions as being anything other than ideologically-driven judicial-extremism), seem constitutionally-incapable of grasping the full-extent of the harm they cause. (Many other descriptors would also work.)
And when you call someone something, you can only (legitimately) do this based on what is (was) outwardly-expressed by them (although individual judgements in such matters can languish on the shoals of triviality and superficiality (and suchlike), or can reach to greater, more illuminating depths).
Moreover, this isn't merely a matter of a person (group) being this homogeneous, simple-natured thing, "naive". Rather, a person (group) can be naive (express naivete; act like they lack information or experience, etc) because they (do) lack (relevant) information or experience, or they can do so for a variety of other reasons. For example, perhaps they lack understanding and/or judgement in these matters. Or perhaps they cling to inutile (but appealing) holdings (even while having other, more useful holdings) -- or are unable for some (other) reason to take advantage of the useful holdings that they do have (maybe they're in, and kept in, some emotional or otherwise irrational state, like being kept in fear). Or maybe something in their natures keeps them from acting in some other way (in the areas of interest at least), even though they otherwise seem to possess all the right tools generally (information, understanding, judgment, etc).
And making these distinctions is not some intellectual exercise; rather it is a necessary step in dealing with the problem. -- Because those who lack information and/or experience may be able to be given these things (provided that are willing to receive such, which they may not prove to be: willful ignorance, for example, is beyond remedy, as long as the will for it exists); and those who are in some inutile state may be brought to a utile state (or not).
Moreover, we must look beyond this naivete to the drivers, the circumstances, that have brought it about and that keep it in place (like a corporate media keeping people ill-informed -- and fearful), and attempt to change this. Furthermore, if we dismiss the naive (those who act naively; at least those who could act less so) as being the problem themselves, then we are in some part just blaming the victims -- and playing into the hands of the manipulators, who sow such (induced) naivete (such misinformation; such fear... such things) like toxic weeds among (and thereby seek to poison) the staple, sustaining crops (of a democratic society, of civilization) of knowledge, understanding and judgement (etc).
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