Interesting article in the New York Times today covering an analysis done to determine who really is the most "activist" judge on the high court. The study looked at all of the justices' votes to tally the number of times each had voted to overturn a law passed by Congress. "Of course, calling Congressional legislation into question is not necessarily a bad thing. If a law is unconstitutional, the court has a responsibility to strike it down. But a marked pattern of invalidating Congressional laws certainly seems like one reasonable definition of judicial activism."The results were a little surprising: Thomas 65.63 %Kennedy 64.06 %Scalia 56.25 %Rehnquist 46.88 %O'Connor 46.77 %Souter 42.19 %Stevens 39.34 %Ginsburg 39.06 %Breyer 28.13 %So, as it turns out, the more conservative jusutices on the Court are more activist by far than those considered to be liberal jurists. Unfortunately, this probably will not stop partisans from declaring the exact opposite to be true. This is because, obviously, "activist" really means makes rulings we don't like.