So....what are "activist judges"? How do you define it? It's a term that gets thrown about a whole lot. Paul Gewirtz andChad Golder attempted to create an objective standard of measurement by asking the question: How often has each justice voted to strike down a law passed by Congress? Interestingly...they came up with the following results: Thomas 65.63 % Kennedy 64.06 % Scalia 56.25 % Rehnquist 46.88 % OConnor 46.77 % Souter 42.19 % Stevens 39.34 % Ginsburg 39.06 % Breyer 28.13 % In addition, according to: In Defense of Judicial Activism: D.C. v. Heller and the failures of conservative judicial restraint - Reason Magazine Looks like we have a bunch of conservative activist judges on the court.... Another attempt to define "judicial activism": Have you ever been a "judicial activist"? looks at the following criteria: Striking down arguably constitutional laws Ignoring judicial precedent Judicial legislation. Employing an illegitimate method of interpretation So...who are these "activist" judges that the the rightwing so often seem to scream about?