Reply #5: In my opinion it means a judge is doing his/her job.

[Pacifist Patriot]

But it is an expression used to convey someone's displeasure at the job he/she is doing.

This whole talking point actually amuses the daylights out of me. Judges have a constitutional responsibility to act as a check and balance against the other two branches of government. They are supposed to interpret the law. Sometimes that means upholding it and sometimes that means declaring it unconstitutional. Any judge performing his/her duties in good conscience is in essence legislating from the bench.

Of course, the constitution is open to interpretation so anyone is free to disagree with a ruling...even on the grounds of constitutionality.

We have the convenient nonsense terms "legislating from the bench" and "activist judges" to connote displeasure by somehow insinuating the judge has overstepped his/her constitutional duties. I'll give you two chances to guess which group came up with these semantic gems.

If you guessed the far right whose affiliated judges are most likely to interpret cases contrary to the U.S. Constitution you're a winner. Remember it's all about hypocrisy and irony when it isn't about power grabs and money.