But he's not the one with an inconsistent judgement. It was Birch who stated that jurisdiction is a prerequisite to justice(the legitimate exercise of judicial power).
That's your opinion that it is inconsistent because you disagree with the outcome. I am assuming -- correct me if I'm wrong -- that you think justice in this instance means an outcome favorable to the Schindlers. If that's your premise, then yes it would seem inconsistent. However, if we were to enter into any civil or criminal dispute simply to accept a predetermined outcome then there is no need for courts of law. We might as well solve our disputes like they did in the days of Aaron Burr and Alexander Hamilton.