Judicial activism means different things, none neutral, depending on the partisan using the term.

Evidence

In recent years the popular debate has often been framed in terms of “judi Yet because these terms are so often used polemically, their meaning is far from clear. Political scientist Bradley Canon has catalogued the various uses partisans make of these terms. Some view as activist rulings that negate policies adopted through democratic process. Others denounce as activist rulings that announce detailed policy prescriptions or make substantive policy rather than merely preserving the democratic process. Still others criticize rulings as activist if they depart from either earlier court decisions or (in their view) the original understanding of the Constitution. — G. Alan Tarr, Judicial Process and Judicial…, 2885

Categorization

• DEFINE: Canon’s taxonomy gives students three distinct operational meanings of ‘activist’ to apply to cases.
• CANDY: The crisp list of three incompatible definitions of ‘activist’ is a great dinner-party illustration of how loaded judicial vocabulary is.