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People argue this point a lot. As an example, Miranda rights are an affirmative requirement - that is legislating from the bench, but people like it so don't complain.

I'd highly recommend a podcast called 'Five Four' where they talk about the supreme court as a political body, rather than as the impartial "balls and strikes" role that if purports to be.

It's not, and in a lot of ways is more powerful

You can certainly create legislation while pretending you are just interpreting text.

Roe vs Wade is an excellent example of this. Which is why finally getting rid of it was a good thing.