Legislating from the Bench

Paul Clement arguing for the government in Ayotte v. Planned Parenthood when asked by Justice Breyer who could craft the health exception in the notification now lacking in New Hampshire law, better, the legislature or the court? He said unequivocally: The court. That folks is legislating from the bench. Funny how what they ask is for their desires to be written by the court but others, not. Breathtaking hypocrisy 101.

By the way, Breyer was brilliant. Followed by Souter.