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Should judges be "holistic" in their rulings?

Should they reach out beyond the issues presented before them and try and protect or heal a litigant, or look out for their interests beyond the case presented to them?

Honestly, this scares the crap out of me when we're talking about lifetime appointed judges.



https://www.emptywheel.net/2022/09/22/cause-the-harm-and-then-say-nothing-trump-has-aileen-cannons-proof-of-his-injury-for-a-week-and-said-nothing/
TexChik · F
Your are afraid of lifetime appointed judges UNLESS of course they are socialist appointed judges? Life time appointments have been around for several lifetimes now. Did they not teach you that In law-school? Or are you just figuring out why we voted for Trump? “!It’s the judges stupid” to paraphrase a Clinton slogan. You also failed to address what used to be called the ninth circus ( ninth circuit court of appeals) where they were life time lib appointed and ruled according to the democrat agenda of the day and legislated heavily from the bench . Trump corrected that too !
@TexChik

Chill. I'm afraid of "holistic" judging in general because I generally think that judges shouldn't be overreaching into the legislative realm, putting their fingers to heavily into elections, or trying to favor politically significant litigants over others.

I liked the idea of "judicial restraint," even before I went to a Catholic law school that beat the hell out of the Warren and Berger Courts over Roe and capital punishment.

Honestly, I think it's pretty hysterical when I get called out for being hypocritical for calling out judicial misconduct for overreach and get the ninth circuit thrown in my face while the eleventh circuit is in front of me.

Why was the 11th Circuit even created in the first place?

If you care to Google it, check out John Minor Wisdom and Alvin Rubin, among others.

All that crap aside, though, do you really think that judges should reach beyond the issues before them and try to help litigants "holistically?," potentially ignoring the crap presented to them and trying to help them out with other issues that might affect them?
TexChik · F
@MistyCee There is no restraint in government now whatsoever. There are no checks and balances when socialists control congress and the White House . Their corruption and endangerment of our national security is treasonous at best . Your complaints about conservatives courts blocking the socialist agenda seem very self serving . You never complained about it when when Obama was in office and he packed the 9th circuit with radical libs , but now it’s evil when conservative justices sit on the bench? ?
windinhishair · 61-69, M
Judges are there to adjudicate the law. There are always going to be judgment calls, but Cannon's decision on Trump isn't one of them. Her ruling suggesting Trump could be damaged by an adverse ruling was clearly beyond existing law, as the 11th Circuit made pretty clear yesterday. What party would NOT be injured if a judgment went against them?

By the way, did you notice that Trump actually got two judges he appointed on the 11th Circuit panel? That was only a 1 in 5 shot. He must be livid that they did not rule in his favor. After all, he appointed them, so they owe him and in his mind have no choice but to rule for him as "his" judges.
RedBaron · M
Judges have latitude rule as they see fit. There’s no “should” to be dictated by outside influences.
@RedBaron "Tens of thousands"?

That number seems really high to me.

The thing is, Article III judges are all subject to the same political appointment process, which never seems to have been perfect and in my lifetime, seems to have gotten worse, whether you blame Biden for Thomas or the Bork mess, or Trump's picking Federalist Society folks.

Without getting personal (because I've known and worked with a few) or political (because, well, you know), I'm skeptical that we're vetting them right and not really thrilled with the Senior Status deal as far as the lower courts go.
RedBaron · M
@MistyCee I don't know what Article lll judges are, but if you think about all the judges at the municipal, state, and federal levels - administrative law judges, magistrates, justices of civil courts, county courts, criminal courts, family courts, district courts, courts of appeals, and justices of supreme courts, there are many.

In New York state alone, there are 324 supreme court justices, 125 county court judges, 39 district court judges, and 54 appellate court judges. There are 120 civil court judges and 100 administrative law judges here in New York City. Conservatively, 300 judges times 50 states is 15,000.

The federal government in 2017 employed about 2,000 administrative law judges and 10,000 administrative judges and other adjudicators.

So there are indeed tens of thousands of judges across the US.
@RedBaron Ok. I get your point, especially with State Court Judges.

Article III judges are federal district, appellate and Supreme Court judges under Article III of the Consitution, not Magistrates, Bankruptcy Judges or ALJs. There's about 870 of them.
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@RogueLoner
Are you indicting government, plus the media, or humanity as corrupt?

And if all of the above, what are you proposing to replace them with?
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