The Philadelphia Inquirer, August 10, by John Yoo
http://www.philly.com/inquirer/currents/26482104.html
Slowly but surely, the justices have expanded their power to make many of our society’s fundamental political and moral decisions…. This is not to deny that there are moments that we need the courts to defend individual liberties against unconstitutional actions by the government. But those moments may not be as ever-present as the federal courts today may think, and the price is not just that the courts may get it wrong, but that the expansion of their powers will sap our energies of republican self-government.