I'll give that there are times when various members of the judicial system could be said to be "[legislating] from the bench" but how could this be one?
The context: The article is about a ruling by a US Distict Court Judge that declared the Partial Birth Abortion Act unconstitutional. This act outlawed a medical procedure that doesn't involve "birth" or anything like it. But that's not the issue I'm after.
The article says that "the Bush re-election campaign said:" (not that a "campaign" can speak, but again, that's not my issue)
"Today's tragic ruling upholding partial-birth abortion shows why America needs judges who will interpret the law and not legislate from the bench."[This is part of the quote from the "campaign" as quoted in the article]
Then again maybe I'm just being petty; after all they just picked the wrong buzz-phrase to attack the judicial system. In this context "judicial activism" might've been the one to use - it pushes the same buttons in the same people but it means less.
