Judges who take the law into their own hands, who make up constitutional 'rights' in order to strike down laws they oppose, undermine the people's right to have their values shape public policy and define the culture.
Sentiment: NEGATIVE
Judges are the people who have to protect the rights of individuals, have to protect the rights of minorities, have to protect the rights in the Constitution, have to protect the requirement that the executive and the legislature not simply exercise raw power but adhere to standards of reasonableness and constitutionality.
Judges wear legal professionalism and precedent as a mantel that secures legitimacy for their decisions. It's how they distinguish themselves from politicians or administrative agencies, while wielding power that is sometimes much greater than those democratically accountable actors.
Judicial abuse occurs when judges substitute their own political views for the law.
Democracy demands that judges confine themselves to a narrow sphere of influence - that is why the late Alexander Bickel called the judiciary the 'Least Dangerous Branch.' In a world governed by a proper conception of their role, judges don't play at being legislators - they leave that job to our elected representatives.
Our role as judges is to interpret the law.
I remain mindful that the role of a judge is a limited one and that judges can't solve every problem. But at the same time, judges play a crucial role in safeguarding liberty and protecting the rights of all citizens.
Judges are real people with real-world experiences and backgrounds. We cannot expect them to erase their experiences and backgrounds from the mindset that informs their judicial decision-making.
Judges should always behave judicially by adjudicating, never politically by legislating. I leave policy to policymakers. They're preeminent, but they're not omnipotent. In other words, lawmakers decide if laws pass, but judges decide if laws pass muster.
Judges should be in the business of declaring what the law is using the traditional tools of interpretation, rather than pronouncing the law as they might wish it to be in light of their own political views.
A judge's role is to ensure that the legislature remains within the limits of its assigned authority under the Constitution. Judges have no authority to second-guess the wisdom of the value judgments and policy choices the legislature has made.