Misleading and silly slogans about what judges do are dominating the debate about Supreme Court nominee John Roberts.
President Bush and Republican politicians constantly repeat, as a mantra, that Roberts is a desirable choice because he won't "legislate from the bench" and will merely "apply the law, not make it."
But every lawyer knows that judges make law — it's their job. In fact, law students learn in the first semester that almost all tort law (governing accidental injuries), contract law and property law are made by judges. Legislatures did not create these rules; judges did, and they continue to do so when they revise the rules over time.
