Who is the most Activist Judge?

Heard at the Alito hearings:

We don't want an activist judge. That's not what we want in this country. By activist, I mean a judge who allows his personal views to overcome a commitment to faithfully following the law; following the law as it is, not as you would like it to be, good or bad, following that law.
Republican Senator Jeff Sessions of Alabama

What is an "activist judge"? It seems Senator Sessions would define an activist judge as "a judge that will rule contrary to the will of the legislature. Who will vote to overturn Congressional Law."

Paul Gewirtz and Chad Golder of Yale, compiled this list of the most activist judges on the Supreme Court based on how they voted on 64 Congressional provisions:

Thomas 65.63 %
Kennedy 64.06 %
Scalia 56.25 %
Rehnquist 46.88 %
O'Connor 46.77 %
Souter 42.19 %
Stevens 39.34 %
Ginsburg 39.06 %
Breyer 28.13 %

Al Franken on Air America suggested: "So we'll replace the top 4 with clones of the bottom 4. Fair trade, Senator."

posted by Stash @ 9:29 AM