Reply #37: If that is not an argument that conservatives are the true "activists",

[spooky3]

I don't know what is. Thanks for pointing out that it is RWers like Scalia and Thomas and Rehnquist who would make radical changes to careful precedent, by misinterpreting the Constitution and the intent of Congress.

The SCOTUS currently has 4 judges who lean moderate-left (Stevens, Souter, Ginsburg, Breyer), 3 who are hard-right (names above), and 2 who lean moderate-right (Kennedy, O'Connor). Please note that ONLY TWO of them were appointed by Democrats (Ginsburg & Breyer), unless I am mistaken. When the first four vote together (which they do not always do) and are joined by either Kennedy or O'Connor (both appointed by Repubs.) then the court may take what YOU might call a "Dem" position. But by no means can you convincingly argue that Democrats control the court.

http://www.washingtonpost.com/wp-srv/national/longterm/supcourt/stories/wp042898.htm