Before retiring from the law, I did litigation work in the San Francisco Bay Area for thirty years. During that time, I came across two judges whom I respected (one of whom I learned, after he retired, was a conservative). The rest of the judges were activists with robes on. At this point, I respect only two judges: Clarence Thomas and Samuel Alito. Otherwise, I’ve long said our legal system is broken. Many people, including people who like me, consider me a crackpot. However, Leslie McAdoo Gordon, a stellar litigator and a true constitutionalist, ended last week with a huge announcement: The legal system is broken.
For me, the pivotal moment was when I was arguing a motion to dismiss based on the fact that state legislation absolutely precluded the plaintiff’s cause of action. I don’t remember the judge’s precise words when he denied my motion, but I remember the gist: “I don’t care what the law is; I think there’s something here.”
A judge is not supposed to say that. His job is to apply the law. And as it happened, he was so wrong that we not only won, but we also got $1.5 million in attorney’s fees. That same judge went on to serve on the California court of appeals. I appeared before other judges who clearly thought the same way although most were not as open about it...........To Read More....
No comments:
Post a Comment