Time for a shout out to go read How Privacy Went Public by James Taranto. Taranto does a nice job of succinctly framing the problem of judicial activism.
It is short and spot on. Is the right to privacy written into the Constitution? Or, is this right merely a "penumbra*" and "emanation" of the fourteenth amendment?
Taranto cites some interesting ironies in his short essay.
Also check out BK's post on this article over at Cadre Comments. BK taught constitutional law for 10 years so pay attention and learn.
*penumbra is my new word for the week.