by William Suter
Hoover Institution
July 17, 2014
What happens when judges act as policymakers rather than interpreters of the law? This essay looks at two major U. S. Supreme Court decisions where the judges stepped beyond a strict interpretation of the law to help out a sympathetic litigant. After these cases were decided, unintended consequences emerged. The upshot is that judges should leave the policymaking to lawmakers.

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