Merrick Garland

On the Supreme Court, nearly every decision is 'activist'

In order to be confirmed by the Senate, nearly every Supreme Court nominee, be it Brett Kavanaugh or Merrick Garland, will stick to the script that they will just interpret the law according to the principles of the Constitution and will not legislate from the bench. They are just neutral umpires that “call balls and strikes.” If it were that simple and straightforward, justices could be replaced by robots or computers, which would make decisions much more efficiently and timely.

For appeals to reach the Supreme Court, cases must be decided at the trial court level and reviewed by at least one appellate court. Nearly all appeals are resolved by state courts of last resort or federal...