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De Omnibus Dubitandum - Lux Veritas

Thursday, June 23, 2016

Justice, In Reality, Is Not Blind

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All this fuss about Donald Trump being racist because he said he thought a Federal judge was biased against him is total nonsense.  How sick, and uncertain, we must be as a nation to react in this hotheaded way over his quite unremarkable observation about a judge’s heritage.

What Trump said made perfectly good sense—that the judge was probably biased  because he was a second-generation Latino and Trump had impugned Latinos once—and was not a special case of racism but one more in  a long-standing criticism of bias in the judiciary.   It cannot be honestly held that justice is blind, certainly not all juries, not all judges.  Justice, in the end, may be reasonably done most of the time, but never without judgments by all parties, some of which will be seen as inadequate, or unfair, or prejudiced.

The judiciary is independent, and rightfully so, but that doesn’t mean it still can’t be biased.  We know there are liberal judges on the Supreme Court and conservative ones, and no one has a difficulty in understanding their biased rulings.  All courtroom lawyers know the kinds of biases in the judges they appear before, and they know if they’ve got a “hanging judge” or not.......To Read More......

 

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