I wrote a commentary piece for law.com about how activist judges can be a virtue in a time when the Administration is being activist in stretching the boundaries of constitutional and statuatory law. Indeed, recent actions by esteemed (and conservative) members of the Third Branch have been important checks on unharnessed Presidential power. Read the whole piece for the argument, but my takeaway:
I hope the actions of these judges in recent days represent a trend by the judiciary to restrain the Bush administration's activism. And I hope when Judge Alito's hearings begin, the Senate will keep in mind that activist jurisprudence is not the crime, but instead a virtue needed most in the times we live in.