OK, that's not a legal term, but it will come up anyway. Chief Justice John Roberts famously compared judges to umpires during his 2005 confirmation hearing, saying neither makes the rules, but rather both just apply them. He said he'd remember if confirmed that his job is "to call balls and strikes." Lawmakers love to ask nominees about this analogy.

ROBERTS

Chief Justice nominee John Roberts testifies on Capitol Hill Wednesday, Sept. 14, 2005 at his confirmation hearing before the Senate Judiciary Committee. (AP Photo/Pablo Martinez Monsivais)

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