One of the most basic tenants of the conservative agenda is the dangers of an activist judiciary. What Pilkington points out is what conservatives see as the natural result of that activism. While the progressive or liberal philosophy, in these cases, is not being advanced it is clear without the progressive view of the role the judiciary it would not be possible. When anyone can interpret a law in any way that is not consistent with it's original intent this is what happens. It doesn't matter who makes that interpretation or their justification for it, the rule of law is replaced with the rule of men. Whether its the Supreme Court using the Federalist Papers to justify Roe v. Wade or some D.A. charging a mother with murder for a miscarriage, its just the courts forcing their political agenda onto the rest of us.