Judges should apply the law, not make it from the bench

The highest court in the land has an opening. With Justice David Souter’s retirement, President Obama will nominate and the Senate will debate the confirmation of someone new to take his place.

 It is no secret to anyone who has followed my career that I believe the role of a judge is to apply the law as written, not create law from the bench. Perhaps the best expression of this sentiment is found in the oath of office every federal judge in America, by law, must take. That oath reads:

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