Justice Ruth Bader Ginsburg, writing for a unanimous Court, held:
In our adversarial system of adjudication, we follow the principle of party presentation … [O]ur system “is designed around the premise that [parties represented by competent counsel] know what is best for them, and are reponsible for advancing the facts and argument entitling them to relief.” Id., at 386 (Scalia, J., concurring in part and concurring in judgment).
In short: “[C]ourts are essentially passive instruments of government.” United States v. Samuels, 808 F. 2d 1298, 1301 (CA8 1987) (Arnold, J., concurring in denial of reh’g en banc)). They “do not, or should not, sally forth each day looking for wrongs to right. [They] wait for cases to come to [them], and when [cases arise, courts] normally decide only questions presented by the parties.” Ibid