I haven't heard talk radio the last few days, wondering what Rush will have to say about it, if anything.
He's pretty much promoting this as judical activism. As you can see by what your son is telling you, this is nothing new. I'm not saying it's right, but the founders were actively involved as you noted. Based on this, his promoting this as another form of judicial activism is flawed and unresponsible. But judical activism is the new rallying point these days. So if it can whip up something, then it will be used by those who can profit from it.
Frankly the Patriots for Profit make me sick.