Update: Jon Stewart on the Daily Show made a similar statement (almost word for word) about the definition of an activist court. He apparently said it first in New York, but I didn't get the show until an hour+ later on the west coast. I was hoping his staff reads my blog. Obviously a vain idea, considering the timing factor. 8^)
BTW couldn't the claim realistically be made that the most "activist" decision any US court has made in recent memory is the Supreme Court decision to declare Bush the winner in 2000? Water under the bridge, right? But I don't recall this decision ever given countenance by consitutional scholars.
From one book on the matter: "Digging deeply into their earlier writings and rulings, Dershowitz proves beyond a reasonable doubt that the justices who gave George W. Bush the presidency contradicted their previous positions to do so."
Reinforcing the point. "Activism" is clearly in the eye of the beholder.
The Defense of Whitey...
By the way, an "activist" court is one that makes decisions *you* don't like. And a "state's right" is a decision that you *do* like. (For any definition of "you", left or right.)