Bingo! It may be true that if you get "your" judge in place you can do anything, but it isn't true that the system should work that way or that we should openly root for such.
A constant frustration I have here in FR is just that -- "Good Judge" = "Judicial Activism in judgements we like"; "Bad Judge" = "Judicial Activism in judgements we DON'T like."
They Shaivo threads were one example, abortion is another. I am personally against abortion, but to me it is the Fed should stay the heck out of it and let the States decide.
I believe the 10th Amendment is perhaps the most important, yet it loses in every case to any other concept (not even a clash of Amendments).