I get what you are saying, but think about Justice Roberts and his "it's a tax, not a penalty" argument on Obamacare. That made a new law. Same with the whole concept of "separation of church and state" , "Roe", and gay marriage - to name a few. So yeah - they both legislate and "de-legislate".
You do know Judges don't make laws , but can find them unconstitutional.
They aren't supposed to, but many legislate from the bench. Especially SCOTUS.
de-legislate would be more accurate ...but yes
I get what you are saying, but think about Justice Roberts and his "it's a tax, not a penalty" argument on Obamacare. That made a new law. Same with the whole concept of "separation of church and state" , "Roe", and gay marriage - to name a few. So yeah - they both legislate and "de-legislate".
But one is Lawful the other is not.