One may argue about the merits of any of these policies, but we don't appoint judges to draft statutes. "It is the responsibility of the legislative branch to stop the judiciary from legislating, " [Texas Congressman Tom] DeLay notes. "If they want to legislate, let them run for Congress."

Robert Bork, the constitutional scholar liberals love to hate, agrees. He says the federal judiciary has become arrogant and despotic.

Every edict, no matter how wise, frustrates democracy because it deprives us of a chance to settle issues through the normal process of debate, contemplation, compromise and consent.

Hence, DeLay's question: What do we do to a lawgiver who insists on behaving like a demigod?

But the problem remains: Somebody needs to make sure judges do their jobs, only their jobs, and nothing but their jobs.