There are 3 reasons why the Courts at every level can and do legislate from the bench in defiance of the US Constitution and the Will of the People.
1) There is a deep misunderstanding on the function of the Courts. We see, hear, and even say it all the time. The Court’s job is to interpret the Law.
This is a fallacy. And interpret by definition allows the Courts to redefine anything within the statute to mean what they wish it to mean.
The Court’s true job is to apply the Law. This doesn’t allow for interpretations. The words are written and have specific meanings. It either applies to the case or it does not.
2) The Courts have from time to time granted themselves additional powers that our Founding Fathers saw not to grant to them in the Constitution.
This had lead to such powers like Judicial Review of legislation.
The powers of both the legislative and executive branches are constantly being usurped by these unelected, unaccountable black robed tyrants with every opinion they write.
3) We the People and our elected representatives in all legislative and executive positions have allowed the Courts to usurp powers granted to those branches of government or even to the States and People against the Constitution.
We continue to do nothing about it. Our elected representatives need to do their sworn duty and protect and defend the Constitution. Even if it means taking on the Courts.