F: That is not the “gotcha” that you think it is. I have not. “The statute books are full of laws, of which the Sherman Act is a good example, that effectively authorize courts to create new lines of law.”
W: Does the text say that? Does it have a “delegation to judges to develop new law” clause?
F: Well, no.
—Evan D. Bernick, “Beyond Law?: A Socratic Dialogue Inspired by Baude’s ‘Beyond Textualism?'"