In short it’s typically limited to when judges make things up whole cloth, like qualified immunity, without legal basis. In judicial circles striking down laws or saying a law isn’t applicable in a certain circumstance typically isn’t regarded as legislating as they are ruling on the justness and applicability of an existing law rather than creating something wholely new.
In short it’s typically limited to when judges make things up whole cloth, like qualified immunity, without legal basis. In judicial circles striking down laws or saying a law isn’t applicable in a certain circumstance typically isn’t regarded as legislating as they are ruling on the justness and applicability of an existing law rather than creating something wholely new.