Judges, Constitutional, Law

b. How would you characterize such an approach to the law?
Response: If Professor Tushnet meant that a judge should decide cases based on her own policy views about the best result, then I would characterize that approach as contrary to the rule of law.
c. Would you endorse it? Why or why not?
Response: No. Judges should decide cases based on legal sources, not on policy or political views.

in reference to:

"b. How would you characterize such an approach to the law? Response: If Professor Tushnet meant that a judge should decide cases based on her own policy views about the best result, then I would characterize that approach as contrary to the rule of law. c. Would you endorse it? Why or why not? Response: No. Judges should decide cases based on legal sources, not on policy or political views."
- Constitutional Law Prof Blog: July 4, 2010 - July 10, 2010 (view on Google Sidewiki)