The charges of “judicial activism” came about as a result of the 1973 abortion decision of Roe v. Wade. That started the conservatives’ effort to change the composition of the Court. That was a case filed by one individual contesting Texas’ law on the books at that time. Contrast that with the two-year campaign to try to overturn Obama’s healthcare bill through litigation. That became official Republican policy, with 26 attorneys general participating (some over the objections of Democratic governors). Should a political party that lost on legislation passed by Congress (as opposed to a private litigant) try to overturn it in court? I could be wrong, but I’m not sure there’s a precedent for that.