A judge too far

Although I agree with the arguments put forth by Judge Schwab on executive powers, I don't think he was within his rights to make them:

Conservatives should remain principled in their opposition to President Obama’s misuse of executive power, but they should also remain true in their resistance to the siren song of judicial activism. They should not invite judges to carry out the heavy work of opposing the president, which here is the duty of Congress.

This was a decision based on a narrow case and this judge appointed himself the Constitutional arbiter of the Land.  The lefty blogs are noting that this judge was appointed by Dubya, so beware and (sigh) they may be correct here.