Judges 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 th

Judges 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.