[Moral Hazard]

"And neither Scalia nor Alito has really explained how to reconcile the criticism of activism on one front with the embrace of activism on the other."

This is a fairly idiotic thing for Robert Gorton to say. Why would it be activist to overrule a federal law's application to a state because it violates the 10th amendment, but not activist to overrule a state law because it's contradicted by a federal one?

[Graybeard58]

And neither Scalia nor Alito has really explained how to reconcile the criticism of activism on one front with the embrace of activism on the other.

To the libs a conservative activist is someone who interperts the constitution as written, a judge who deems the Constitution a "living document" is "progressive".