A Quote by Orrin Hatch
In our system of government, the judicial and legislative branches have different roles. Judges are not politicians. Judges must decide cases, not champion causes. Judges must settle legal disputes, not pursue agendas. Judges must interpret and apply the law, not make the law.
Related Quotes
Judges should decide legal disputes. Judges should not make law.
We must use a judicial, rather than a political, standard to evaluate [a nominee's] fitness for the Supreme Court. That standard must be based on the fundamental principle that judges interpret and apply but do not make law.
Judges decide upon copyright law. They decide upon trademark law. They decide upon scientific issues. They decide upon very complex technical issues on a daily basis. So you must have confidence in the Supreme Court, that they will apply their mind and they will come out with a decision consistent with the Constitution.
We have judges in the American system and they take on a black robe where they are supposed to shield their partisan preferences. They are not red or blue state judges. They are judges.
We must remember that we have to make judges out of men, and that by being made judges their prejudices are not diminished and their intelligence is not increased.
We should evaluate judges and judicial nominees based on the general process for applying the law to any legal disputes, not on the specific result in a particular case or dispute.
Conservatives . . . may decide to join the game and seek activist judges with conservative views. Should that come to pass, those who have tempted the courts to political judging will have gained nothing for themselves but will have destroyed a great and essential institution. . . . There are only two sides. Either the Constitution and statutes are law, which means their principles are known and control judges, or they are malleable texts that judges may rewrite to see that particular groups or political causes win.
Judges have to have the humility to recognize that they operate within a system of precedent, shaped by other judges equally striving to live up to the judicial oath.
The Musharraf government has declared martial law to settle scores with lawyers and judges. Hundreds of innocent Pakistanis have been rounded up. Human rights activists, including women and senior citizens, have been beaten by police. Judges have been arrested and lawyers battered in their offices and the streets.
How we decide the vexed issue of the method of selection of judges of the Supreme Court and the high courts would determine the future of our democracy and the rule of law in the country. We are faced with the twin problem of selecting the best judges and also ensuring that the judiciary would be insulated from executive interference.
In the legislative branch, you make the laws... and our role as judges is to interpret the law, not to inject our own policy preferences. So our task is to give an honest construction to what laws are passed by the Legislature.
Ideological warriors whether from the Left or the Right are bad news for the bench. They tend to make law, not interpret law. And that's not what any of us should want from our judges.
Judges should interpret the law, not make it.
On the whole, we think of our consumers - other judges, lawyers, the public. The law that the Supreme Court establishes is the law that they must live by, so all things considered, it's better to have it clearer than confusing.
Our role as judges is to interpret the law.
I've got that hands-on experience with federal judges and how important it is to have judges like Neil Gorsuch, who will take a rule-of-law approach to the decision-making process. I think he's eminently qualified.
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