Comments on: Memo To The New Justices: That’s Not How We Do Things On The Court http://law.marquette.edu/facultyblog/2009/11/25/memo-to-the-new-justices-thats-not-how-we-do-things-on-the-court/ Sun, 12 Feb 2012 17:44:22 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Richard M. Esenberg http://law.marquette.edu/facultyblog/2009/11/25/memo-to-the-new-justices-thats-not-how-we-do-things-on-the-court/comment-page-1/#comment-27152 Richard M. Esenberg Mon, 30 Nov 2009 14:13:33 +0000 http://law.marquette.edu/facultyblog/?p=8154#comment-27152 It certainly agree that ideological bias can frustrate an objective discussion of judicial craftsmanship. It can also push the justices into opposing "camps" which circle the wagons even when those ideological interests are not at stake. I would be more willing to see these cases as the "old guard" admonishing the "new guard" if I thought that these were sins that the Court regularly avoids, i.e., that we really don't do things that way. I'm not sure that I can say that. It certainly agree that ideological bias can frustrate an objective discussion of judicial craftsmanship. It can also push the justices into opposing “camps” which circle the wagons even when those ideological interests are not at stake.

I would be more willing to see these cases as the “old guard” admonishing the “new guard” if I thought that these were sins that the Court regularly avoids, i.e., that we really don’t do things that way. I’m not sure that I can say that.

]]> By: Terrence Berres http://law.marquette.edu/facultyblog/2009/11/25/memo-to-the-new-justices-thats-not-how-we-do-things-on-the-court/comment-page-1/#comment-27151 Terrence Berres Sun, 29 Nov 2009 21:36:31 +0000 http://law.marquette.edu/facultyblog/?p=8154#comment-27151 Some might find it more interesting that Justice Bradley, joined by the Chief Justice, at one point puts this critique in terms of the judicial role being analogous to a baseball umpire's, Krier v. Vilione, 2009 WI 45 ¶99. Some might find it more interesting that Justice Bradley, joined by the Chief Justice, at one point puts this critique in terms of the judicial role being analogous to a baseball umpire’s, Krier v. Vilione, 2009 WI 45 ¶99.

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