re: #780 reine.de.tout
Basically yes…..

Of course they make policy… You can, on one hand, say Congress makes the law and the court interprets it. But on the other hand the law is not always clear. And in clarifying those laws, the courts make policy.”

As Segal noted, one of the most recent cases heard by the Supreme Court — itself a court of appeals — involves the strip search of a 13-year-old who school officials believed was carrying ibuprofen. “There is no clear knowing statement whether officials can be sued for that sort of behavior,” he noted. “So when justices come up with a decision on that, they would be making policy.”

Especially in cases where existing laws are unclear. It’s really frustrating that the lefty blogs are doing a better fact checking job that the right. Much (if not most) of the objections to her nomination aren’t really rooted in reality as far as I can tell. There’s a lot of misinformation and as we’ve seen on this thread people are going to keep on repeating it even if it’s not true.