03/09/2016

The Passing of Anton Scalia: Judges are People

United State Supreme Court Justice Anton Scalia passed away. Justice Scalia was a controversial figure. He vociferously expressed his views, some of which were very unpopular. But, he was consistent.

The United States Supreme Court is intensely studied. Why? Because knowing your judge influences the arguments you make, the angles you take, and the gains you can make. In a sense this seems contradictory to the idea that judges are decision-makers who apply law to facts, there being little or no room for discretion.

But lawyers are people. People have beliefs, opinions, and preferences. In many legal arguments there is an imposition of something "fair" or "right" -- but what is fair or right depends on the lens you look through and the ear you listen with.

Knowing the judge assigned to you can make all the difference in some instances. Judges, like most people, are consistent and you have an ability to forecast rulings. For certain, you do not want to lose a case because you miss right arguments and assert arguments your judge simply does not like or agree with.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

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