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activist judges. and now activist judging is much more a habit of conservative justices. it should be a big issue in our politics. so i was glad president obama spoke out about it. now, e.j., you make the comparison of the president s position and you say it s moderate compared to fdr who tried to pack the supreme court to get approval for his new deal policieses. what s your thought here? how effective is the president s approach compared to fdr s so far? the court packing fight was very unsuccessfully in one sense and fdr, i think, paid a political price for it. but over time, the court actually stopped welcome an activist conservative court. fdr famously criticized those who cry unconstitutional at every effort to better the condition of our people. sounds very familiar. and a new regime, a new injure ris prudence got established where for 80 years the court