Legislating from the Bench, Bitch?

From Crooked Timber and the Times, the rates at which the current Supreme Court justices vote to strike down legislation passed by Congress - you know, "legislate from the bench":

Thomas 65.63 %
Kennedy 64.06 %
Scalia 56.25 %
Rehnquist 46.88 %
O’Connor 46.77 %
Souter 42.19 %
Stevens 39.34 %
Ginsburg 39.06 %
Breyer 28.13 %

Translated: the more conservative a justice is, the more like he (pronoun intended) will be to strike down a law passed by the elected representatives of the American people and signed into law by their president.

Kevin Drum asks the pungent follow-up question: "So if Samuel Alito really is to the right of every current justice on the court, what does that mean? That he'll vote to overturn 80% of the legislation that makes it to his desk?"