At the same time, I find the Republican argument that the courts are making law rather than interpreting it to be specious. You can't just throw up your hands and walk away. The court's job is to try to make sense out of statutes that don't always make sense. It was the conservative judicial saint Robert Bork who once said that the morality of the law is framed by the legislators who make it, not the judges who interpret it. There has been a lot of talk of the imperial judiciary lately.
Conservatives generally abhor judicial activism, or what they call judicial legislation.
But in this whole imbroglio in Florida it seems to me that the various judiciaries have acquitted themselves better than any other of the dramatis personae. Throughout American history there has always been competition among the three principal branches of our government. That's what the framers wanted. Sometimes the executive has been ascendant while the courts and the legislature have seemed to hibernate. And sometimes Congress or the courts seem to take the lead in setting the currents of our society.