“What they cannot win in the legislative body, they now seek and hope to achieve through judicial activism”

Clark Neily, a senior lawyer at the Institute for Justice, a libertarian group, said many conservatives were now eager for judges to be more aggressive in examining, and possibly overturning, the federal government’s actions. But he said the term “activist” had become pejorative. He prefers to call for more “judicial engagement.”

“There does seem to be a willingness on the part of conservatives for judges to be more active in their review,” Mr. Neily said.

Scott Pruitt, the attorney general of Oklahoma and a Republican, has been among the most determined state officials in turning to the courts in the last several years. His office filed the first challenge to the health care law’s subsidies. Mr. Pruitt said the latest efforts by conservatives to challenge the administration were critical to guard against a federal government that he said had seized too much power…

Mr. Pruitt said state officials had no choice but to turn to the courts.

“Is that activism?” he asked. “To me, that’s the opposite of activism. It is using the courts to make sure we go back to respect for the rule of law.”