Who's likely to appoint activist judges?

In his blog today, Kevin Drum talks about Stealth Conservatism - his idea that many of the policies the Bush administration pursues, although polarizing (e.g. abortion bans), are in fact red herrings. Bush may have the support of half the population on his stated policies, but how many would support the Supreme Court eliminating Congress's power to ban discrimination or to require safety standards for workers? Likely not too many, yet these may well be aims of the "constructionist" judges that Bush wants to appoint.