I am glad that our Founding Fathers (and Mothers) saw fit to put a nasty divide between the Judiciary and the Executive and Congress. It is exactly the behavior that DeLay is showing, right now, that they wanted to block. The Courts are not required, in any way, shape, or form, to decide in favor of the political majority, the sitting President, or the will of the people. If they are out of touch with the people, I can not thing of anything better to say about the courts.
The Courts exist to sort out problems of law, as fairly as possible, and to make the best determination that they can about the intent of the lawmakers. If the Courts have been "activist", it's because the lawmakers have been writing such lousy laws.