Uh, that may be the result in practice, but that is not his job as a judge.
Ah yes, the academic angle. How many angels and so forth.
And then we get into the obvious fact that judges are not uniform, law is not uniform, some people get preferred treatment, and all the other warts.
But, we pretend the skin is blemish free. Mostly the legal system pretends. Meanshile, get on with the black market and figure out how to evade the law.