That’s the headline on Nate Silver’s Sunday letter to The Wall Street Journal‘s Letters section.

He’s right, but I have that skepticism from a different angle.

Judges’ and Justices’ sole role—made explicit in our Constitution’s Article I, Section 1, and Article III and by their oaths of office—is to apply the clauses of our Constitution and the statutes before them in any particular case as they are written. These are much more precisely defined than any umpire’s visual sighting of penumbral limits from his skewed perspective, which is all the perspective umpires have. The laws (and regulations) that come before judges and Justices are ambiguous, similarly metaphorically skewed? Then they are unconstitutionally vague and should be struck. Umpires don’t get to dismiss pitches that they only hazily see; they must make their guesses. Judges and Justices have that ability; they have no excuse for acting like umpires and not like judges and Justices.

Full stop.