The notion of prophylactic rules is controversial. U.S. Supreme Court Justices Antonin Scalia and Clarence Thomas have argued against them, writing that the ability of judges to create these rules "is an immense and frightening antidemocratic power, and it does not exist."
Preventive regulations are a matter of dispute. Notably, U.S. Supreme Court Justices Antonin Scalia and Clarence Thomas have argued against them, stating that the power to create such rules "is substantial and intimidating" but does not exist in reality.