...to see Lithwick arguing (carefully) for judicial restraint NOW. After watching over the years as her "reporting" on the court has gradually become "commentary" it has been almost always on the side of judicial activism, generally of a liberal bent. Fine, its a valid point of view. However, in the second term of the Bush administration there has been a sudden movement on her part to restraint, and that is because liberals have suddenly discovered the joys of federalism as way to deal with a central government not to their liking.

I really do wish that liberals (and conservatives) would stop playing these games about "activism" vs "restraint" and admit they just want the court to rule the way they want.