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Judges and Judiciary

Aug. 6, 2009

Do Judges Make Law? Yes - Just Not at Their Confirmation

The myth that judges don't make law is soothing to the general public but entirely untrue, writes Matt Valenti.

FORUM COLUMN

By Matt Valenti

Sen. John McCain's just done it.

Sen. Jeff Sessions did it.

Even Judge Sonia Sotomayor did it.

They've all recently repeated a tired legal myth that is long past due for debunking. As McCain put it in his letter to President Obama, announcing his plan to vote against the nomination of Sotomayor, "The job of a judge is not to make law." Or, as Sotomayor herself put it when grilled by Sessions,...

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