Over the past few years, judges have increasingly indulged in cutesy, gratuitous and inflammatory rhetoric in their rulings. It’s not just about using exclamation marks like a rebellious teeny-bopper, but bluntly calling out the government’s failures, from compliance with orders to factual assertions that were facial lies.
I’ve been critical of the methods, on occasion, but whether such writing is appropriately done is a separate matter from whether it’s ethically proper for a judge to do so, whether you like the rhetoric or not. Renowned ethics prawf Stephen Gillers argues that not only is this ethically proper, but it’s ethically encouraged. Continue reading
