Chuck Todd: Conservatives in Ricci case engaged in activism

Finally, I think we're starting to see a more balanced reporting on judicial activism that points out that conservative jurist also "legislate from the bench." In fact, one of the defenses against Sotomayor over this case is that the U.S. Supreme Court had to announce new law to reach its conclusion-- an act heavily criticized by Justice Ginsberg's dissent. A dissent in which the Republican justice Sotomayor will be replacing joined in supporting.

Again, I don't see the Ricci firefighting case really become the watershed event in Sotomayor's nomination. It'll be a Republican talking point, but not a real factor in her confirmation.