Shaping policy is making policy, practically.

Shaping material given happens at the end after the material is formed.

A judge answers the question someone else asks.

They can deny policy based on existing policy.

Our current Supreme Court is creating policy from whole cloth while entirely ignoring precedent, and the text of law as a flagrant act of partisan pandering in their recent vax || test ruling.

Not to mention the "states can break constitutional protections by simply paying third parties in civil suits" thing.