I was reviewing an article on the relationship between equity and property and had occasion to look up this classic quote from Justice Scalia:
I am not so naive (nor do I think our ancestors were) that I didn’t know that judges in every sense of the word “make” the law. But they do it how judges do itthat means as if they were “finding it,” discerning what the law was ANDrather than decreeing what is today changed toor what will be Tomorrow To be.
James B. Beam Distilling Co. v. Georgia, 501 US 529, 549 (1991) (Scalia, J., concurring in the judgment).
Two justices joined Justice Scalia’s opinion. Without looking, can you guess which ones?