I mean no disrespect to any other person in saying they do not speak for me, and I do not speak for them.
Neil Gorsuch
The Public Record
The role of the judge is to say what the law is, the great Chief Justice Marshall declared in Marbury v. Madison.
But that does not mean just because there is not a single foreordained answer from God in every legal dispute that judges are not trying to look at the legal materials and only the legal materials and trying to make sense of the legal…
If I start importing my feelings, if I treat statutes or laws as Rorschach inkblot tests, I have usurped your role.
When it becomes so expensive and takes so long to get to a jury, to get to a trial, some people do not bring good claims.
As recognized by the U.S. Supreme Court in Gideon v. Wainwright, Senator, yes.
I believe in trial lawyers, for example, getting to try their cases, and appellate lawyers getting to argue their arguments.
It might be fair to ask whether the TransAm decision was a wise or kind one, but it is not our job to answer questions like that.