The Tension Between a Judiciary That Cannot Help but Create Law

Jubin: To a certain extent, the judiciary has always had that law making power just by virtue of being able to interpret a law and thereby changing who it applies to. Jubin: We are now in a different era where the court is much more active with respect to issues that the conservative movement cares a lot more about. Gun rights, religious liberty rights, as unbalanced to public rights opposed to those religious liberty rights.

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