In an effort to change legislation, the G.O.P. turns to the courts

As they prepare for their upcoming Tuesday takeover of congress, Republicans are looking to aggressively limit and undo Obama's legislative actions, not through legislation, but through the courts.

From the ACA to environmental regulations on power plants to immigration, the Republicans have been adamant about achieving repeal. In December alone, an amicus brief representing nearly 70 members of congress was submitted saying that the Obama administration had "exceeded the bounds of their prosecutorial discretion and abdicated their duty to faithfully execute the law," while another on the topic of health care subsidies read as saying they were the "most egregious example of the administration’s make-it-up-as-we-go approach to implementing."

It may draw parallels with progressive judges creating new rights through legal interpretation a.k.a. "judicial activism", but there are conservative legal scholars that argue otherwise. Instead, they say, it's asking the courts to restrain the President's erroneous uses of authority or as Patrick Morrisey, the attorney general of West Virginia put it, "it's a call for adhering to the rule of law."

Questions:

Is this new G.O.P. strategy of trying to influence the law through the court system more than just a reminiscent shadow of the judicial activism that was so condemned by conservatives before?

Is this merely congress trying to get another shot at Obama's legislation or do they have a significant point with it's legality?