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/

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RogueLoner · M

You're deliberately trying to make it look like this is something new 🤭. Thank God I'm around to recognize it and clear the air. 😂😉

Judges and courts have been politically biased and corrupt since the beginning. It comes with human nature and power.
Now to answer the question, It pisses me off that judges are "liberal or conservative" in their so called "interpretation" of the law. Judges should be impartial, but we all know how that goes. That being said, the definition of interpretation does not...oops, I mean SHOULD NOT include reaching 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.
Again...NOTHING NEW. This court is not unique just because Trump picked it.

MistyCee

@RogueLoner I totally agree that this is nothing new.

In fact, but for the fact that this judge seems to be protecting a particular litigant, this kind of judicial ruling reminds me a lot of the Roe decision, where judges decide to address issues not strictly presented to them.

Sure, there's arguably a big difference between creating a woman's right to to reproductive freedom and creating a post Presidential right to cover his tracks and prevent him being held accountable, but "holistic" judging still bugs me.

RogueLoner · M

@MistyCee Nothing new. We just didn't know about it before. This whole government, all 3 branches, is corrupt to the bone.

EDIT: Pardon me...I mean 4 branches. The media is now a branch of government. 🤭 Equally corrupt.

MistyCee

@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?

RogueLoner · M

@MistyCee Politicians, the government, and the media. I still have some dim hope that humanity is a bit less corrupt because they are so naive.
A starting proposal would be to have politicians be 'volunteer' politicians at their own expense like they did in the beginning. Take away the incentive of becoming an instant millionaire and let's see how many people would want the job because they are so "civic minded" 🙄.
Otherwise I can only laugh in the face of evil and keep it away from ME anyway I can as best I can.