Most judicial policymaking gives effect to rather than overrides democratic will.

Evidence

A third myth is that judicial policymaking is necessarily undemocratic, because the will of the judge prevails over the will of the populace. In actuality, much judicial policymaking does not place courts at odds with the popular will. In statutory policymaking and judicial oversight of administrative agencies, judges are presumably giving effect to, rather than overriding, the will of the legislature. In common-law policymaking, they are acting in the absence of legislation; and in cumulative policymaking, they are exercising discretion within bounds set by the legislature. — G. Alan Tarr, Judicial Process and Judicial…, 1500

Categorization

• recurring: this claim recurs 2 times within its source
• XREF: connects to: Courts rarely dictate policy because rulings need political support.; Courts do not simply dominate American policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 191; The law rarely dictates outcomes, so judges’ political views decide most cases. — G. Alan Tarr, Judicial Process and Judicial…, 1283 (+5 more)

Broader Connections

• Public law mostly channels the means of politics rather than dictating its ends. #expands (0.85) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 530
• Judicial rulings have policy consequences yet judges should not impose their own policy views #qualifies (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2688
• Elected judges may bend rulings toward voter preferences to secure re-election. #complicates (0.72) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 780
• Lower court judges shaped by local politics can blunt a Supreme Court mandate. #complicates (0.72) — G. Alan Tarr, Judicial Process and Judicial…, 1545