Judicial activism

I wonder how activist the judge considering this case will be, since the courts historically have been reluctant to interfere with executive privilege. If the judiciary gets involved, then essentially all three branches of government will be fighting over war powers.

A judge is not "activist" simply because he disagrees with your interpretation of the law.

Not necessarily true. I believe that the President should have sought congressional approval for the Libya mission, but at the same time believe that the courts should not get involved.