[Huck]

Bookmark this decision. It is a perfect way to disprove standard liberal assumptions about conservative justices (i.e., that they are activists advancing a "conservative" or GOP agenda.) Clearly, what you have here are 2 justices (Scalia and Thomas) who favor a certain interprative standard, and 7 others--including Ginsberg--who either never follow a standard, or, like GInsberg in this case, only do so when it is convenient.

[hchutch]

Considering I disagree with their dissent, I agree. It helps us on one front.

I also wonder if it might not be a bad idea to start considering judicial activism on our side. That genie is out of the bottle to an extent. Judicial activism could be a LOT more fun if TWO sides of the political spectrum got involved.