I'm not arguing with that, since any argument about "beliefs" is pointless. I'm just saying that "legislating from the Bench" is there by design. If you disagree with the design, it's fine — but this application "works as designed", even if you or me don't like the outcome.

The Continental law is based on another philosophy — you have no rights except the ones that are explicitly given to you by law, and the only way to have more rights passes through the legislature. There are many countries that employ Continental law, but the US is not one of them.