The Supreme Court *CANNOT* legislate.
No it can’t.
What it can and does do is hand down opinions based on the Constitution. We may and actually do disagree with it, but it is handing down decisions based on the 14th Amendment here. What does the 14th Amendment mean when applied to this issue.
I have stated on this (or possibly another thread) that I think the SCOTUS did legislate here. I think there’s a good case to be made, that I was wrong. It may be a simple misinterpretation of the 14th Amendment.
I don’t find a protection for homosexuality in there. They do. I think they are wrong.
I do believe that the first Robert’s decision on Obamacare was a perfect example of legislating from the bench.