This is an interesting way to assess this increasingly empty moniker. I’m not sure it accounts for all the possible ways a judge might be an activist, but it does reject the notion that its the left-leaning judges doing the activism. Also, wouldn’t we have to take into account the makeup of the Congress in which they opposed legislation? A Democrat-heavy Congress would be more likely opposed by right-leaning judges, and vice versa. Its downright odd that the right-leaning judges in their survey opposed more legislation than the others since 1994, since they should be more likely to agree.

Also, I did not see the table of all the percentages in this article. Maybe print version only? If anyone knows, please leave a comment and I’ll post the answer.