Wednesday, August 24, 2005

Judges are SUPPOSED to make laws

According to Erwin Chemerinsky and Catherine Fisk, judges are supposed to make laws, not merely interpret them.
Misleading and silly slogans about what judges do are dominating the debate about Supreme Court nominee John Roberts.

President Bush and Republican politicians constantly repeat, as a mantra, that Roberts is a desirable choice because he won't "legislate from the bench" and will merely "apply the law, not make it."

But every lawyer knows that judges make law - it's their job. [...]

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