[Prudence]

One of the phrases absolutely guaranteed to raise my hackles is "judicial activism." Inevitably this is code for "didn't get the decision I wanted." Coming from Joe or Jane Average, I'm slightly more sympathetic; most people really don't understand how judges make decisions and what the limits are. I sure as heck didn't. But frankly, I would have expected Delay to know better.

In fact, I've already had the opportunity to read numerous cases where judges put in little footnotes that basically say "hello? bonehead legistlatures? we're being forced to apply your stupid law. you don't like it? change the damn law!" Only they say it in a more learned fashion.