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."
The concept of preventive regulations is contentious. U.S. Supreme Court Justices Antonin Scalia and Clarence Thomas have opposed them, arguing that judges' ability to create these rules "constitutes an enormous and intimidating anti-democratic power, which does not exist."