Sotomayor nomination

[Happy Monkey]

Originally Posted by Beestie

So the court never explicitly said "Hear ye, hear ye - all y'all women folk are hereby allowed to bare it all on the beach", rather, the Court said to the legislators "thou shaltest not enact any law requiring women to wear tops at the beach."

Sounds like policy to me. Policy for the legislators, which is converted into law, and then converted back into policy by the executive.

In addition, most Judicial policy comes from the Appeals courts, as the lower courts aren't strong precedent, and the Supreme Court doesn't take many cases.