Why Can't Howard Say Something Like This ?

Our disagreement with activist judges isn't based only on the fact that they're liberals and we're conservatives. More important, it's based on the fact that our Constitution didn't establish the [High] Court as a super-legislature, appointed for life, charged with nullifying popular opinion when it conflicts with more "sophisticated" sentiment. One can imagine a government so structured, but it isn't ours, and it wouldn't be a democracy. Those who try to turn the judiciary into a legislature--but an unaccountable one, that never has to stand for re-election--can hardly complain when electoral passions begin to swirl around judicial appointments.