Obama announced his first potential appointment to the U.S. Supreme court, Sonia Sotomayor. She will surely come to regret the day that she said that: "[The] court of appeals is where policy is made."
Now of course, she followed that up with: "[a]nd I know, I know this is on tape and I should never say that because we don't make law." But, it's clear from the context of the entire quote from that session that she does know that although law is not made there, that she's sure that policy is made there.
The courts are not a place to make policy. I'm sorry, but they're not. The court should enforce the law. Sometimes in application of the law, even "Justice" does not get a fair shake. In those cases it is, under our current system of government, the role of the legislature to repeal the law or create new law to ensure that in application, justice can be served.
Policy has no place in the courts.
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