The last New Yorker contains a good piece by Hendrik Hertzberg on Tom DeLay:

...when asked who is to blame for "activist judges," he was jaw-droppingly candid:

I blame Congress over the last fifty to a hundred years for not standing up and taking its responsibility given to it by the Constitution. The reason the judiciary has been able to impose a separation of church and state that's nowhere in the Constitution is that Congress didn't stop them. The reason we had judicial review is because Congress didn't stop them. The reason we had a right to privacy is because Congress didn't stop them.

So there you have it, the DeLay agenda: no separation of church and state, no judidical review, no right to privacy. Next to this the President's effort to repeal the New Deal social contract by phasing out Social Security is the mewing of a kitten. DeLay may stay or DeLay may go. But the real danger is not DeLay's agenda. It's his vision. It's his "values."

Keep in mind its one thing for a judge to oppose privacy or separation of church and state due to his belief it's not in the contitution; quite another for a lawmaker to oppose them as a matter of legislation.