See broad construction.
For decades now, conservatives have complained about “judicial activism” by liberals on the bench.
Kagan's nomination is a triumph for liberal ideology and judicial activism.
In other words, Cornyn was no longer troubled by judicial activism.
That level of judicial activism, in a context like this one, would be nearly unprecedented.
Now opponents of judicial activism can offer all sorts of arguments why this is supposedly a bad thing.
It is not quite true that complaints about “judicial activism” are always self-serving, hypocritical, and ultimately hollow.
On August 3, McCain explained that it was Sotomayor's "judicial activism" that kept him from voting for her.
Accusations of judicial activism are at least as old at the court itself.
In short, the decision is as pure an example of judicial activism as one could hope to find.