• LEDZeppelin@lemmy.world
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    5 months ago

    What happened to “legislating from the bench”? Pepperidge Farm remembers when repubes were against it

    • FireTower@lemmy.world
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      5 months ago

      In short it’s typically limited to when judges make things up whole cloth, like qualified immunity, without legal basis. In judicial circles striking down laws or saying a law isn’t applicable in a certain circumstance typically isn’t regarded as legislating as they are ruling on the justness and applicability of an existing law rather than creating something wholely new.