[FRIAM] Can SCOTUS limit itself to law without making policy?

[Russ Abbott]

Amy Coney Barrett said that judges should stick to legal issues and leave
policymaking to legislatures.

"A judge must apply the law as written, not as the judge wishes it were.
Sometimes that approach meant reaching results he does not like. Courts are
not designed to solve every problem or right every wrong in our public
life. The policy decisions and value judgments of government must be made
by the political branches elected by and accountable to the People. The
public should not expect courts to do so, and courts should not try,"

Let's assume she is intellectually honest and will do her best to live by
this distinction. Do you think that's possible? How would you draw a line
between legal issues and policy decisions? How could a court refuse to deal
with cases that seem to require them to make policy decisions? Do you think
a framework for courts could be established along these lines that would
widely accepted?

-- Russ Abbott
Professor, Computer Science
California State University, Los Angeles



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