Legislating from the bench: Fallacious talking point or legitimate concern? I hear this phrase quite often, especially with respect to recent decisions on same-sex marriage as well as the all-time benchmark, Roe v Wade. However, I question the implication that anything has been "legislated" at all by these decisions. By definition, legislation is the making of laws. And these decisions don't actually "make" any laws at all, but rather strike down laws that have already been made (and subsequently challenged), thereby placing limits on what the government is allowed to legislate. So, is placing limits on laws that are allowed to be enacted the same thing as enacting laws? Technically speaking it certainly isn't, but what about effectively and pragmatically speaking? Please share your thoughts and opinions.