If the question is whether the Court's recent property rights decisions represent unwarranted judicial activism, my answer is an unequivocal "Yes!" Explaining why requires some care. After all the jurisprudential battles of the recent past, it is hard to state what makes a decision "activist," let alone unwarrantedly so.
1 Geo. J.L. & Pub. Pol'y 93-97
Scholarly Commons Citation
Byrne, J. Peter, "Judicial Activism in the Regulatory Takings Opinions of Justice Scalia" (2002). Georgetown Law Faculty Publications and Other Works. Paper 1689.