Sotomayor nomination

[TheMercenary]

Originally Posted by Happy Monkey

But the end result is that judges, usually at the Appellate level, are making policy. As part of their normal, official, and non-"activist" duties. They tell the legislature "Thou shalt not make such a law", and they tell the executive "Thou shalt not enforce such a law", or "Thou art enforcing that law incorrectly". Ideally, they wouldn't make policy, but it is their job to do so because things are not ideal.

You make a good point. Hence there is no way to control when they are actually making policy as activist judges, all the time trying to convince everyone around them that it is nothing more than non-"activist" duties, when in fact they are filled with bias. If this were not the case we, along with millions of others, would never even be discussing the issue.