It really wouldn't matter if the justice were appointed by a democrat president or a republican president if they both would seek out justices that simply interpret the law and the constitution as written and as originally intended. After all, lady liberty is suppose to be blind, or at least blindfolded.
However, many people believe that judges should shape the law (because they believe the constitution is a living and evolving document) into what the law should be, not necessarily how it was originally written and intended. Thus, these judges are guilty of "legislating from the bench".
