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That's wise of you craig, don't bother to ascertain the facts, just take a position without the bother.
Legislating from the bench is when, for instance, a judge goes beyond the decision, and imposes a legislative, or, more precisely, a tax funded solution, rather than requiring the appropriate legislature to do it. Which is what should be done.
I realize you can't be bothered with actually having any knowledge of what you're talking about, but as the record shows, as a lower court judge, Sotomayor was not in a position of ultimate authority. There was always the Supreme Court to correct her decisions, as they have done numerous times. So while she may be qualified for her present position, that doesn't make her qualified for her nominated one.
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John
Ontario 32 - Aria
Free, is the heart, that lives not, in fear.
Full, is the spirit, that thinks not, of falling.
True, is the soul, that hesitates not, to give.
Alive, is the one, that believes, in love. JCP
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