Moderates are by nature not risk takers or willing to do what needs to be done.
Guys like Delay, while he may not be the most articulate fellow, is willing to walk the point.
My view is that the courts, and Kennedy in particular, are enamored with how easy it is to grab power never assigned to them by the Constitution and they are in need of a serious wakeup call.
If Tom Delay is the only man willing to take Kennedy and friends on, then so be it. The SCOTUS is bound, except for treaties, by the Supreme Law of the Land, the Constitution and the statutes passed by Congress. Kennedy and friends by citing precedent from other countries, not relative to treaties, have de facto made those precedents authoritarian in United States jurisprudence. That is a violation of the law, the Constitution and their sworn oaths and it is high time somebody shoved it in their face.
I would prefer it to be somebody who could make a better argument but since those folks are hidden behind the curtain, Tom Delay will do just fine.
I don't have a problem with the goals, depending on the details, but the problem is, I don't think DeLay can drive this bus all the way home. I think he overestimates his own standing with the public, and underestimates his own weakness, and that makes it all too easy for the Dems to kill the movement by cutting off its head. Hubris is a dangerous thing, and Tommy's got it in spades.