When I have fantasies about the ideal federal government, I imagine the executive branch in the control of one party, with the other party controlling at least the House or the Senate. In my fantasy, the judicial branch is non-partisan, meaning a judge's decisions couldn't be predicted based on his/her party affiliation. Remember, I said we're talking about dreams, not realities.
What we have now is a reasonable approximation of my divided government ideal, except the judicial branch isn't free of partisanship. It's obvious the GOP is counting on their 5-4 advantage in the US Supreme Court to abolish health care reform legislation. Nothing has changed: Judicial activism is still defined as any court ruling one party doesn't agree with.
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