In the wake of Bob Woodward and Scott Armstrong's The Brethren, a clarifying

discussion of the Supreme Court, what it should be doing, and what it has been doing. Mr. Ennis takes the activist view; Mr. Bork holds that "this Court and the Warren Court, and indeed prior Courts, have made up the Constitution in large part." ... BE: "The abortion cases are certainly examples of judicial activism. The question is whether it is impermissible judicial activism ... In the abortion cases ... it is harder to see that than in some other area, for two reasons. One reason is that it involves women, who are not a discrete and insular minority totally excluded from the political process... and the other is that the constitutional principle the Supreme Court was relying on ... was the principle of privacy,. . . [which] is not expressly stated in the Constitution ... I happen to agree with those decisions, but I do think they are activist decisions and are more difficult to justify than, for example, Brown v. the Board of Education."