Scalia is a Scoundrel

What the courts do is like writing documentation as opposed to writing software. They can only tell you how to use the software. They can show you the workarounds to do what the developers never intended but only the developers can actually change the code.

Not much of a difference really. A government can use either taxes or penalties to get a corporation to comply with environmental standards, for example. From the corporation's viewpoint, it doesn't matter what you call it; it's all about the bottom line.