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Judge's, as part of the Judicial Branch of government, do not "make policy" - maiking policy is the duty/responsibility of the Executive or Legislative branches of government. Judges make decisions based on established law and procedures. -IF- they encounter a legal situation which seems to have never been addressed before and they DO ultimately end up making a decision on the matter, that decision, if it stands appeals, is said to "set precedent" for all judicial rulings that follow it.

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