It’s an article of faith among right-wingers that judges should not “make law.”
But Supreme Court Justice Antonin Scalia, a favorite among conservatives, takes a different view.
In a 2002 case, Scalia wrote this:
This complete separation of the judiciary from the enterprise of “representative government” might have some truth in those countries where judges neither make law themselves nor set aside the laws enacted by the legislature. It is not a true picture of the American system. Not only do state-court judges possess the power to ”make” common law, but they have the immense power to shape the States’ constitutions as well.
There’s more on this matter HERE.