"When a judge assumes the power to decide which distinctions made in a statute are legitimate and which are not, he assumes the power to disapprove of any and all legislation, because all legislation makes distinctions"
- Robert Bork
About this Quote
This quote by Robert Bork is referring to the power of judicial review, which is the power of the courts to examine and interpret laws passed by the legislature. Bork is arguing that when a judge assumes the power to decide which differences made in a statute are legitimate and which are not, they are basically assuming the power to any and all legislation. This is due to the fact that all legislation makes distinctions, and by enabling the courts to choose which distinctions are legitimate, they are basically enabling the courts to decide which laws stand and which are not. This is a power that should not be given to the courts, as it weakens the power of the legislature to pass laws.