David can call it anything he likes, but that doesn't change the fact that it is still the law. People have been crying "bias" or "judicial activism" when they don't agree with a judicial decision as long as there has been a Supreme Court, or probably any courts for that matter, and will continue to do so. Ever notice how a lawsuit is never frivolous to the person filing it, nor is a judge considered an "activist" by the person who has received the benefit of a ruling?