Shorter George Will: judicial activism which produces conservative policy results I like is merely judicial engagement. Judicial activism that produces liberal results I don’t like is judicial activism.
“There is,” Willett explains, “a profound difference between an activist judge and an engaged judge.” The former creates rights not specified or implied by the Constitution. The latter defends rights the Framers actually placed there and prevents the elected branches from usurping the judiciary’s duty to declare what the Constitution means. Let us hope the Supreme Court justices are engaged when considering the insurance mandate.