Judicial Activism Now Disreputable?

An excellent post on Eminent Domain takes off from a column in Slate where a liberal writer admits that believers in judicial restraint have the rhetorical upper hand.

The gist is that people have caught onto the game. It has become obvious that liberal activist judges aren’t really judges. They are just legislators in black robes.

Thus none of the Senate liberals really laid a hand on Roberts or Alito. Indeed, the Senate liberals looked downright sleazy in demanding that Supreme Court Justices promote their liberal policy preferences rather than basing their decisions on the law.