Wednesday Logic

Today we discussed analogy, moral arguments and perhaps some more. My quiz question is how should the Supreme Court rule regarding issues not covered by the Constitution? (In short, should the court be an activist court or attempt to be more traditional? Here is an example they are discussing today: The Biologics Price Competition and Innovation Act of 2009 according to today's docket. (How do you think they will rule on this? I suspect they will approve and let the position stand.)