Perhaps most important, judges will have goals. And because this is so, judges will often try to mold and steer the law in order to promote certain ethical values and achieve certain social ends. Such activity is not necessarily wrong or invalid.
Elena KaganIf there is an โoverabundanceโ of an idea in the absence of direct governmental action - which there well might be when compared with some ideal state of public debate - then action disfavoring that idea might โun-skew,โ rather than skew, public discourse.
Elena KaganAnd what my constitutional values are are wholly irrelevant to the job, and so neither you nor anyone else will know what they are.
Elena Kagan