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Judges have never been able to make rulings based on their own subjective politics. They must justify their rulings under the law. I could extend some merit to
by jonstewart 1y ago
Judges have never been able to make rulings based on their own subjective politics. They must justify their rulings under the law.
I could extend some merit to the idea that injunctions should be limited in complex cases where case law is thin and the law is less than clear. When executive orders are clearly unconstitutional, however, I do not then see any reason for limits.
- ReptileMan 1y ago>They must justify their rulings under the law. The law that states that growing wheat on your own land is interstate commerce.
- raincom 1y agoJudges make use of reasonableness, superset of rationality, all the time. The issue is what is reasonable to 30% is not reasonable to another 25%. As long as there is a political backing for their reasonable decisions, they are fine. One can call it subjective or political. That’s why judges do judge and provide good reasons that can be defendable by 20% of those who vote and have political sway.