A judge can't have any preferred outcome in any particular case. The judge's only obligation - and it's a solemn obligation - is to the rule of law.
I've learned a lot during my years on the 3rd Circuit, particularly, I think, about the way in which a judge should go about the work of judging. I've learned by doing, by sitting on all of these cases. And I think I've also learned from the examples of some really remarkable colleagues.
When I became a judge, I stopped being a practicing attorney. And that was a big change in role.The role of a practicing attorney is to achieve a desirable result for the client in the particular case at hand. But a judge can't think that way. A judge can't have any agenda, a judge can't have any preferred outcome in any particular case and a judge certainly doesn't have a client.
I have been a judge for 15 years and I've made up my own mind during all that time.
Good judges develop certain habits of mind. One of those habits of mind is the habit of delaying reaching conclusions until everything has been considered.
After law school, I had the opportunity to clerk for a tremendous judge, Leonard I. Garth, on the U.S. Court of Appeals for the 3rd Circuit, the court to which I was appointed in 1990.
Good judges are always open to the possibility of changing their minds based on the next brief that they read, or the next argument that's made by an attorney who's appearing before them, or a comment that is made by a colleague during the conference on the case when the judges privately discuss the case.
The most important quality for a judge is open- mindedness to the arguments.
When I was sworn in as a judge of the court of appeals, I took an oath. I put my hand on the Bible and I swore that I would administer justice without respect to persons, that I would do equal right to the poor and to the rich, and that I would carry out my duties under the Constitution and the laws of the United States.
In an era where the White House is abusing power, is excusing and authorizing torture and is spying on American citizens, I find Judge [Samuel] Alito's support for an all-powerful executive branch to be genuinely troubling.
If you want know what sort of a justice I would make, then look at what sort of a judge I have been.
I had the good fortune to begin my legal career as a law clerk for a judge who really epitomized open-mindedness and fairness. He read the record in detail in every single case that came before me; he insisted on scrupulously following precedents.
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