On a slow news day – or a day when it’s not so hot – any one of these stories could take an entire post to cover. However, today is neither and without going further, here is news you can use:
Making a diagnosis of “improper influence” requires a scalpel, not a sledgehammer. Not only is it unrealistic to think we can eradicate all judicial biases, instincts, leanings or interests, however termed, but it is also unwise. We want our judges to live in the real world, so that they can bring their life experiences and common sense to the table when deciding cases. Judges must remain “partial” to some influences, therefore, like the case law, and controlling statutes, and perhaps even basic standards of decency and morality, too. As The New York Times recently cited, former Chief Justice William Rehnquist’s view on recusal was that if a justice’s mind was “a complete tabula rasa” in relevant respects, it “would be evidence of lack of qualification, not lack of bias.”
While I hope you’ll follow all the links, but by all means, read this opinion post on recusal from Law.com.
- Staying with matters of public policy for the moment, let’s talk unemployment rates. Online news is filled with stories like this about the uptick in unemployment rates – and all appear to have been written by someone clueless about the issue.
Here’s a clue – anyone reporting on the increase should start by defining “seasonal”. Continue reading “SLABBED (not exactly) Daily – August 5, 2010”