Judicial activism is OK when it is in Barack’s an progresives favor.
What you say is true, but not applicable to this situation. It is not judicial activism when an unconstitutional law is shot down. It is judicial activism when a right that is not in the Constitution is created. There is a big difference, and Obama knows that. He, as a student of Alinsky, knows that framing the language is key to the debate. He loves to make words into their opposite.