My view, as you know, is that we conservatives need to devote more energy to campaigning against judicial activism. But first we have to figure out what judicial activism is. Matt Franck--taking on the formidable NEW YORK TIMES--helps out a lot. If you want a refresher on my view, look at my article in the July/August SOCIETY, which can’t be found on-line yet. There I say, to make a long story short, that I’m more of a Scalia man than a Thomas man (although I great personal and theoretical admiration for them both). I’m opposed to both "social" and "economic" libertarian judicial activism, and so my position is in many ways the opposite of that of libertarian Randy Barnett. His thoughtful RESTORING THE LOST CONSTITUTION--which embraces Kennedy’s opinion in LAWRENCE v. TEXAS much more consistently than Kennedy himself does--can be found on amazon.