See broad construction.
Now opponents of judicial activism can offer all sorts of arguments why this is supposedly a bad thing.
Kagan's nomination is a triumph for liberal ideology and judicial activism.
It is not quite true that complaints about “judicial activism” are always self-serving, hypocritical, and ultimately hollow.
In other words, Cornyn was no longer troubled by judicial activism.
For decades now, conservatives have complained about “judicial activism” by liberals on the bench.
That level of judicial activism, in a context like this one, would be nearly unprecedented.
Accusations of judicial activism are at least as old at the court itself.
On August 3, McCain explained that it was Sotomayor's "judicial activism" that kept him from voting for her.
In short, the decision is as pure an example of judicial activism as one could hope to find.