Oh please. All eight Justices agreed that any claims would be strictly limited by RFOA (Reasonable factor other than age).
And as for your claim that they just decide the specific case -- true enough, but they have to first interpret the law and decide what the specific intent is before applying that reasoning to a result. The eight justices came to three different comclusions on the interpretation, but ended up with the same result in the case.
I get the feeling that some folks see judicial activism much as some saw Communism in the Fifties -- yes, it exists, but we won't find it in every decision or under your mother's bed.
i just found justice scalia under my mom's bed and he was missing his black robe... talk about judicial activism of the worst kind...
all those nights i thought mom was watching reruns of laugh in when i overheard someone singing, "here comes the judge, here comes the judge".
teeman