Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: BlackElk; ilgipper; rudabaga; Nachum
Judge Cabranes (himself a Puerto Rican and a very fine man) flayed her alive for expressing her opinion without meaningful reference to judicial precedent and that she was merely letting her political prejudices play in the yard.

I recalled that case, in partricular. The damning thing was, she failed to cite any precedents for her decision; it was merely a matter of "her opinion".

As I recollect, the same criticism was made of several of her other reversed decisions.

31 posted on 03/03/2013 8:59:24 PM PST by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
[ Post Reply | Private Reply | To 30 | View Replies ]


To: okie01
See also #32.

I practiced law for several decades in the Northeast. We really expected a LOT more from our judges, even the political hacks, than their personal prejudices. Usually a decision starts with the judge's renditions of factual findings, then citations to the decisions in similar matters by courts which had ruled on the legal matters in contention, and then the ruling.

For short: Facts, reasoning, conclusion. She skipped the reasoning part and went straight to the conclusion. She is an embarrassment and, for other reasons, Elena Kagan is worse.

33 posted on 03/03/2013 9:25:54 PM PST by BlackElk (Dean of Discipline, Tomas de Torquemada Gentlemen's Society: Rack 'em, Danno)
[ Post Reply | Private Reply | To 31 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson