What is meant by the phrase "legislating from the bench"?

The term “legislating from the bench” is frequently used but rarely explained. In the 2008 presidential debates Sen. John McCain (R-Ariz.) promised he would not appoint judges who legislate from the bench. But as Bruce Peabody, author of Legislating from the Bench, a Definition and a Defense, told the HPR, “I don’t think we can know what he means … it’s hard to get much intellectual traction from the way politicians use the term.” “Legislating from the bench” implies a justice system comprised of two types of judges: those who merely interpret law and those with political agendas who create law.

answer; self-serving bias;