The conservative and rightwing elements of the nation constantly whine about activist judges. They complain that these unabashed liberals are "legislating from the bench", and can hardly wait until the courts are filled with conservative judges who will stick strictly to the Constitution and it's interpretation.
Enter Supreme Court Justice Roberts. The following article discusses the politically motivated manipulating and squirming he is willing to do in order to further the conservative agenda.
Roberts inclined to salvage abortion law
He downplays absence of health exception in New Hampshire's notification statute
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/12/01/MNG7SG0SBR1.DTL
This hypocrisy is just dripping from these conservative rightwing whiners.
The conservatives are just fine with "legislating from the bench" by "activist judges" just as long as it's favorable to their agenda.