A Quote by Robert Bork

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.
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.
The Supreme Court's most conservative Justices have presented themselves as great respecters of precedent and opponents of 'judicial activism' - of judges using the Constitution to strike down laws passed by the elected branches of government. If they are true to those principles, they should uphold rent control.
Conservatives like to insist that their judges are strict constructionists, giving the Constitution and statutes their precise meaning and no more, while judges like Ms. Sotomayor are activists. But there is no magic right way to interpret terms like 'free speech' or 'due process' - or potato chip.
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.
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.
No doubt, there are those who believe that judges - and particularly dissenting judges - write to hear themselves say, as it were, 'I, I, I.' And no doubt, there are also those who believe that judges are, like Joan Didion, primarily engaged in the writing of fiction. I cannot agree with either of those propositions.
One of the litmus tests for judicial conservatism is the idea of judicial restraint - that courts should give substantial deference to the decisions of the political process. When Congress and the president enact a law, conservatives generally say, judges should avoid 'legislating from the bench.'
Judges should decide legal disputes. Judges should not make law.
As long as judges tinker with the Constitution to 'do what the people want,' instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.
Because the union of a man and woman deserves an honored place in our society, I support the protection of marriage against activist judges. And I will continue to appoint federal judges who know the difference between personal opinion and the strict interpretation of the law.
Some liberal interest groups have come out in full force and have attempted to paint Judge [Samuel] Alito to be an extremist and to be an activist. They've criticized a nominee who has, from what I see described by these lawyers and fellow judges, a reputation of being a restrained jurist committed to the rule of law and the Constitution.
If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges which must be essential to the faithful performance of so arduous a duty.
Judges certainly have political connections and strong political views, but that doesn't mean they can't rise above politics when they hear cases. We expect them to, and the law presumes they do.
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.
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.
Our constitution should be inspired by the philosophy of the Koran with principles that are set in stone and not open to the whims of individual judges, as is the case now. In particular, the constitution should protect every citizen's basic human rights regardless of their sex, status or sect. Everyone should be equal before the law.
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