According to Dionne, the proper battle
that should animate the next Court confirmation process is the danger of right-wing judicial activism. I agree that some of our libertarian friends have pushed for the Court to do too much, but to say the least that danger is fading now. I can even agree that declaring the Voting Rights Act unconstitutional seems like judicial activism. But shouldn't we challenge E.J. to add that left-wing judicial activism (which we, beginning with ROE, have discussed on NLT often) is at least at bad, and the new danger is it will now get much worse?