
4. From a legal and constitutional point of view Roberts is absolutely right. Judges are not supposed
to engineer anything. They look at the law, determine the aplication of that law to the individual facts in
a given case, and make a ruling. At the appellate level, they do the same thing, only at that level they
5. From a legal and Constitutional point of view, Scalia is absolutely right. Judges are not
supposed to “legislate from the bench.” The job of legislating belongs in the hands of Congress
and the state legislatures. However, the justices on the Supreme Court, and all federal judges for
that matter, are appointed for life, as long as they exhibit good behavior. Unfortunately, bad
6. No. Any avowed textualist must take the words in the statute, regulation, or constitutional
provision under examination as the main (only?) guide in interpreting that statute, regulation, or
constitutional provision. On the other hand, the textualist is also dedicated to discovering what