The judge's authority derives entirely from the fact that he is applying the law and not his personal values. That is why the American public accepts the decisions of its courts, accepts even decisions that nullify the laws a majority of the electorate or their representatives voted for.
Robert BorkUnder the First Amendment's prohibition of the establishment of religion, the Court has steadily made religion a matter for the private individual by driving it out of the public arena.
Robert BorkWhen a judge assumes the power to decide which distinctions made in a statute are legitimate and which are not, he assumes the power to disapprove of any and all legislation, because all legislation makes distinctions
Robert BorkA society deadened by a smothering network of laws while finding release in moral chaos is not likely to be either happy or stable.
Robert BorkAs the courts keep pushing religion out of sight, the press either ignores it or treats it as some sort of emotional affliction. It is hardly any wonder that religion slowly loses its grip on the popular mind.
Robert BorkConservatives . . . may decide to join the game and seek activist judges with conservative views. Should that come to pass, those who have tempted the courts to political judging will have gained nothing for themselves but will have destroyed a great and essential institution. . . . There are only two sides. Either the Constitution and statutes are law, which means their principles are known and control judges, or they are malleable texts that judges may rewrite to see that particular groups or political causes win.
Robert Bork