Perhaps my favorite sentence from Knight Ridderโs sloppy hack job is the assertion that โKnight Ridderโs review of Alitoโs record reveals decisions so consistent that it appears results do matter to him.โ Consistent decisions? Can you believe it?
Good judging involves reasoned decisionmaking rooted in text and precedent and neutrally applied irrespective of the parties or interests to a particular case. In other words, consistent decisions should be a hallmark of a good judge, not an indictment.
Of course, it is far from clear that Knight Ridderโs supposedly thorough review of Alitoโs cases actually involved much if any examination of his reasoning. Evidently the Knight Ridder reporters meant to assert that the results in Alitoโs cases are unusually consistent. But if statistics ever could reveal a pattern that careful examination of legal reasoning wouldnโtโand Iโm very doubtful of that propositionโthe Knight Ridder piece doesnโt even make a serious effort in that direction.
For more, see this โResults-Oriented Journalismโ post by Curt Levey of the Committee for Justice.






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