> I don't understand where this idea has come from that the court ought to be the provider of novel 'fair' legislation (as opposed to the mean legislation propo

> I don't understand where this idea has come from that the court ought to be the provider of novel 'fair' legislation (as opposed to the mean legislation proposed by Congress) or the decider of punishments. Cause the legislative branch in US is in shambles, "can't" get anything done, at least that's the perception, as the country is divided to a point that both camps consider the other "the enemy", so everybody now relies on either the judiciary or the executive branch to makes laws. This is essentially a constitutional and political crisis, that has been going for the last 20 years in USA.