&gt; Judges are not deciding whether they believe these rights should or should not exist. They are deciding whether these rights <i>do</i> exist in the law at the time the case is litigated.<p>I agree that&#x27;s the ideal but we are talking about what happens in the real world, where clearly many judges&#x27; political and ideological views have significant influence. If not, why would the GOP care if Obama chooses the next Justice? Why is Scalia&#x27;s passing considered a blow to partisan Republicans and ideological conservatives? A prominent attorney once said to me: <i>Judges put on their pants one leg at a time, just like everybody else.</i><p>The point of my original comment (several levels up) and the person who responded is that Scalia indeed used his seat to advocate his beliefs.