> "... Our only function lies in discerning and applying the law as we find it."

The judiciary has other essential roles, including adapting laws to new circumstances, justice, fairness, and mercy. The judiciary fails when it hurts people or causes injustice simply because Congress didn't anticipate some circumstance (and obviously Congress can't anticipate every circumtance).

They pull out the claim above when it suits them, and then are expansive about US tradition, Congress's 'real' intent, etc. when it suits them.