JustOneMinute has a great post taking on the recent definition and methodology in this NYT OpEd:
..we’ve identified one reasonably objective and quantifiable measure of a judge’s activism, and we’ve used it to assess the records of the justices on the current Supreme Court.
Here is the question we asked: How often has each justice voted to strike down a law passed by Congress?
From JustOneMinute:
[...] In any case, I question both their definition and their methodology.
First, an activist judge may be viewed as one who considers the Constitution to be an impediment to the sensible, well-intentioned proliferation of laws and regulations by both the courts and the Congress. The Gewirtz standard seems to set the court against the Congress, but in a different definition, Congress will fullfill its institutional imperative to expand its power, as will an activist court – the expansion of Federal power does not need to be a zero-sum game between the Court and the Congress.
The critical analysis is always good if you have the time to read the posts over at JustOneMinute