Politicians say stupid things with out thinking that become catch phrases, "drill, baby, drill", "energy independence", "bipartisan", and my personal favorite: "Judges shouldn't legislate from the bench".
Judges don't have a choice, no matter what they do, they are making law. Even their smaller decisions on what to allow as evidence and the behavior of the people in the courtroom all make up the standard, precedent, and norms of the legal system.
Even if the supreme court doesn't take a case, they are still making law by not questioning the legality of the lower courts decision.
The problem, of course, is that you don't know how they will behave once they are in. This has nothing to do with who they were appointed by.
Just look at the conservatives appointments who went left on key issues: Souter, Kennedy, O'Conner, Blackmun, Powell, Stevens, and Warren.
There were some on the left who voted right on some issues, but the Dems didn't have as many appointments
Damn law and it's non-partisan nature.
I would cite regulation, but I know you will simply ignore it.
