Allowing federal courts to make up their own independent judge-made law only made the problem worse.
The result is that the principle of equality can be reversed by ordinary legislation, and furthermore will not override statutory or judge-made laws.
For example, the brief argues that criminal offenses must be spelled out in the text of a statute, not in judge-made common law.
In an interview, she said the ruling "leaves far too much discretion to courts" and creates "an ever-expanding universe of judge-made law."
Judicial decisions may be authoritative as to the interpretation of legislation, but they are not judge-made law.
The section was intended by Congress to restate, but not replace, the prior judge-made law.
In so ruling, the judges rejected a critical piece of judge-made law known as the "misappropriation theory."
Sexual harassment is judge-made law, and the feminists are responsible for its widespread use.
The trouble with judge-made law is that you can be left with almost nothing when you get new judges.
Instead, the law appears to be shrinking, as new judges hack away at old judge-made law.