That is what a Wall Street Journal editorial asserts. And what is the nasty label that is designed to sway Chief Justice John G. Roberts, Jr.? Activist.
The editorial points to recent press coverage suggesting that overturning the health care law would be a radical move tantamount to reversing New Deal era legislation, as well as recent comments made by Senate Judiciary Chairman Patrick Leahy on the Senate floor, where he said he hopes Roberts has “a strong institutional sense of the proper role of the judicial branch.”
“The conservative activism of recent years has not been good for the Court,” Leahy said.