Activist Judges in Election Cases?

I recently represented three presidential campaigns in federal court in Virginia in a case seeking to have Virginia’s ballot access law declared unconstitutional.  The judge ruled that the law was unconstitutional, but ruled against the plaintiffs on laches.  I don’t normally listen to NPR, but many of my friends do and kept telling me about this story that mentions my response to Judge Gibney.  It involves a bright moment in the hearing when the court asked about activist judges and whether ruling in the plaintiff’s favor would lead to being hauled before Congress.

Audio here.