"This concept is useful in doing risk assessment, which enables you to make public policy judgments on regulation," he said.

"It's a statement put in there to support a policy judgment," he said.

His nostalgia is touching, but shouldn't affect our policy judgments.

The whole basis of which we are making policy judgments is evidence.

"That's a policy judgment by the Congress in passing that kind of legislation," he continued.

When the local sheriff performs a background check, he or she is not being forced to make any policy judgments on behalf of the state.

He called it "a policy judgment by Congress in passing that kind of legislation," which the executive is obliged to obey.

One separates that from the policy judgment on the mission itself.

He said the Court's jurisdiction was limited to the legal issues posed by the case, not the labor board's policy judgments.

He said that "unlike judges, members of Congress are elected" and were free to make their own policy judgments.