Between 1994 and 2005, the “liberal” “activist” judge Justice Steven Breyer voted to strike down laws as unconstitutional 28% of the time, while Justice Clarence Thomas, the “conservative” “strict constructionalist” voted to overrule Congress 66% of the time.


See Jeffrey Toobin, “Breyer’s Big Idea” The New Yorker, Oct. 31, 2005, p.36.