Judges often ignore the law in order to deliver decisions that make them happy. I recall my Con. Law professor talking about this. He called it the “TTWILI” rationale: “That’s The Way I Like It.” A judge will look at the law, find that it directs a result he finds objectionable, and then come up with a way to defy the law. He’ll pretend to misinterpret it, or he’ll turn a blind eye to inconvenient facts, or whatever it takes. It happens every day. It’s the judicial equivalent of jury nullification. And like jury nullification, it is perfectly legal, and there isn’t a hell of a lot you can do about it once it’s done. Like my father says, “A federal judge is the closest thing to God you will ever see on this earth.”
Steve H. “About Injunctive Relief: Read Before You Criticize”, Hog On Ice, 2005-03-23.
