Judges rule on the basis of law, not public opinion, and they should be totally indifferent to pressures of the times.
Sentiment: NEGATIVE
Judges need to restrict themselves to the proper resolution of the case before them. They need to avoid the temptation to set broad policy.
But one way or another, judges perform a very vital function in our society. They have a risky job and they are entitled to security.
As a general rule, I do not think judges should consider current societal preferences when ruling on constitutional challenges.
Judges must be free from political intervention or intimidation.
I do not think that we should select judges based on a particular philosophy as opposed to temperament, commitment to judicial neutrality and commitment to other more constant values as to which there is general consensus.
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.
Nobody wants a judge to be subject to the political whim of the moment.
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.
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 interpret the law, not make it.