Nope. But time and time again we see judges relying on “case law” to shoe-horn a politically correct decision to fit a given case. This has created, not even a ratchet effect, but a morphing effect whereby an explicit prohibition turns into a job function, infringements become legal, and private Rights overturned for Unicorn farts/public good.
Each case, and each law, should be given it’s day in court on it’s own merits and facts. If 30 cases are resolved the same way, fine. But if the 31st doesn’t quite fit, should they be doomed just because a judge relies on “case law”?
Now compound that issue back to reconstruction and if you are unbiased, you’ll see the enormity of the problem and why we can no longer count on the courts to “save us” from bad laws...
U.S. v. Gardner discusses the same claims Bundy raises and disposes each of them in a rational decision well-founded in the law and facts. This is most definitely not a case of judge-made law.