Is Conservative Judges Overturning Law Judicial Activism ? Health Care Bill

This is often the charge of the Jeffery Toobins of the world. I think American Catholic has a good response at Activism! They Cried!!

I also agree with the several in the comments that people should just not assume it will be 4 to 4 with Justice Kennedy to decide the Health Care Bill's fate. It very well could be 8 to 1 with Thomas as the lone dissent.

Despite the lack of attention givenby often liberal Legal commentators on TV the conservative judges still have some rather extreme deference toward Congress. In fact the limiting of the Commerce clause has really not been visited that much since the Lopez case in the 90s!!

It is not clear at all that the conservative Judges on the Court will limit the commerce power here. Though they might!!