I believe in the separation of powers. If a judge crosses the line between interpreting and making the law, he has crossed the line supporting his legitimate authority from the legislative branch's authority. Now, to me that's a very serious matter if we believe, as America's founders, did that the separation of powers - not just in theory or in textbook but in practice in the actual functioning of government - is the linchpin of limited government and liberty.
Orrin HatchThe fact is... our doors have not exactly been knocked down by companies willing to defend Microsofts business practices.
Orrin HatchThe First Amendment is not an altar on which we must sacrifice our children, families, and community standards. Obscene material that is not protected by the First Amendment can and must be prohibited.
Orrin HatchScorecards are common in the political process, but they are inappropriate in the judicial process. The most important tools in the judicial confirmation process are not litmus paper and a calculator.
Orrin HatchIn our system of government, the judicial and legislative branches have different roles. Judges are not politicians. Judges must decide cases, not champion causes. Judges must settle legal disputes, not pursue agendas. Judges must interpret and apply the law, not make the law.
Orrin HatchI'm not naive. Sometimes interpretation is more of an art than a science. There are those who would label interpretation absolutely anything a judge might do or, two, the text of a statute or the Constitution. But it seems to me there comes a point where a judge is using his own creativity and purpose and crosses the line between interpreting a text written by somebody else and in a sense creating something new.
Orrin Hatch