From The Volokh Conspiracy: On Judicial Activism and the Individual Mandate (HT: AB)

http://volokh.com/2012/04/09/the-different-meanings-of-judicial-activism-and-why-they-matter-for-the-individual-mandate-case/

The Different Meanings of Judicial Activism — and Why They Matter for the Individual Mandate Case

"If the Supreme Court strikes down the individual mandate, would that be an example of judicial activism? It depends what you mean by judicial activism, I think. In my experience, there are several different things people might mean when they label a judicial decision as “activist.” Two of the meanings aren’t very helpful, but I think three of them are, and I think it’s worth keeping in mind the different meanings of the term when discussing whether a decision striking down the mandate might (or might not) be activist."