And let me go one further, if there is really anything that is broken it is the Judiciary. We have one that is completely out of control, a judiciary that re-writes laws from the bench or simply declares it doesn’t like certain laws and ignores them. What’s that, the law is unconstitutional!?! No problem, re-write it to make it work. What’s that, a law was st passed by congress that I (the Fed Judge) doesn’t like, just ignore it or find other means to circumvent it.
laws have to provide notice of what is or is not required. A law can not be so convoluted as to defy comprehension. This should not be confused with ignorance of law. This is indiciferability of the law.
It is not rewriting a law to toss out an incomprehensible law. It is not rewriting the law to declare a patent invalid.
I don't think you are very familiar with Judge Posner. Let's just say he's an interesting character, and doesn't easily fit into the mold you describe above.