Judge Kavanaugh Discusses the Idea of Judges as Umpires

Judge Brett Kavanaugh of the DC Circuit Court of Appeals talked about the idea of judges serving as umpires in the separation of power system.

Judge Brett Kavanaugh of the DC Circuit Court of Appeals talked about the idea of judges serving as umpires in the separation of powers system.

What does Judge Kavanaugh mean by "judges as umpires?" How does this fit into the system of separation of powers?
What are obstacles to judges acting as umpire?

Bell Ringer: Judicial Interpretation and the Idea of Courts Creating Law
In response to a question from the audience about courts creating laws, Supreme Court Stephen Breyer discussed the concept of courts creating laws. He talked about how judicial interpretation of laws can seem like the creation of laws.