Democracy in America | Judicial bias

Playing favourites

The justices are more likely to uphold your free-speech rights if they agree with what you're saying

By S.M. | NEW YORK

JEROME FRANK, a mid-20th-century legal thinker, is said to have claimed that justice is a function of what the judge had for breakfast. Don’t let their black robes, serious miens and pledges of fealty to the law fool you, Mr Frank warned: judicial decisions are not cool applications of objective legal principles. Rather, they are manifestations of personal predilections and biases.

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