The False Danger of "Activist Judges"
What’s the greatest danger Americans face today? Terrorism? Global warming? Drowning in a sea of reality television shows? If you’re a radical looking to reshape the courts into an institution hostile to gay, lesbian, bisexual and transgender Americans, you’ll know the “real” answer: activist judges. This slogan has been repeated so many times, it should hire an agent to demand royalties. Whether it’s the Rev. Pat Robertson explaining why judges are more dangerous than Al Qaeda, or politicians complaining about judges who are supposedly redefining the idea of marriage, this slogan is on the lips of every opponent of GLBT rights. Who are these vague, usually unnamed activist judges we hear so much about? What does it mean to be an activist judge? Is there really any such thing?

Mary Bonauto—Lead Attorney in Goodridge v. Department of Public Health
“My sense is that [the phrase “judicial activism”] is a label that critics use to attack decisions that they do not like.”
—  Duke Law School Professor Erwin Chemerinsky.