He wasn’t inventing law in this concurrence, he was doing what he was supposed to do with the statute and precedents he had to work with. He wasn’t there to write law but to interpret it which is what he should do. I understand that with the gridlock between the parties sometimes it seems like the only way things get done is through activist judges, but that can cut both ways and there is a question of accountability since we cannot readily throw judges out of office.
Precisely