posted on Jan, 3 2007 @ 03:34 PM
Originally posted by southern_cross3
I haven't read the book, but I don't see why a judge shouldn't be able to express his opinions. After all, liberal judges certainly don't hide
their convictions, but neither do they recuse themselves from cases in which their opinion has already been made known.
Far-righters won't balance out any percieved liberal bias. All they will do is suspend stare decisis unless they are overturned.
Extreme liberals and conservatives frequently are overturned by the way. Conservatives pitch a fit when the 9th Circuit gets it wrong, but then the
9th Circuit goes on to get turned on its head as often as not.
Also, I am not aware of any sitting liberal judges making their views explicitly known, except if you infer that from their rulings. I would be
interested in seeing examples.
Last but certainly not least, what the judge done has compromised his ability to do his job.
Judges are supposed to apply the law without passing judgement on the effects. They are not there to modify or make law, only to say what it is- you
By expressing his views on outcomes he has called his impartiality into question. Furthermore he has used his position on the bench to profit, which
he simply is not allowed to do, period.
I for one do not have a problem with him being a conservative. I'm not thrilled to know that a man who is supposed to be executing justice
apparently loathes the idea that a woman would actually want to take advantage of her natural rights in contravention of what he finds socially
normal, but until he went that far I didn't have a problem with his views, only with his mistake. There are some things you just can't do. You
don't break the law and say "the liberals are doing it". What would this judge have said to somebody who said, "Nobody follows that law, and I'm
just breaking that law to call attention to all the other violators"?