The legislation also requires judges to determine if the suit was brought frivolously and if so, to enforce sanctions against the lawyer who helped bring it.
We cannot bring all the various statutory and common-law rules our judges enforce under a single coherent scheme of principle.
Judge Bork said judges should enforce only those values put in the Constitution by the Framers, and privacy was not mentioned.
Over the next 200 years, different judges provided different decisions as to whether or not a third party could enforce a contract that benefited them.
And there is no written constitution that judges can enforce.
He wants the Constitution, too, as our judges enforce it, to yield to the supremacy of the president.
For example, judges will enforce tribal customs pertaining to marriage and divorce.
Of course it is in theory "undemocratic" for judges to enforce a 200-year-old Constitution against what an elected President or Congress wants to do today.
Finally, a judge must referee the process and enforce the rules.
Why would the judges not enforce a contract legally made?