Actually, if we were to tell the truth, ALL of the big, tough decisions are based upon the personal situs of the individual judges. The myth that the law exists independent of experience is the kind of hogwash that gets people to accept the horrible decisions of the Court.

Very few of these "big issue" cases have sufficient law in them to do more than provide a fig leaf to hide the prejudices. It is just an accepted fact to lawyers. When arguing always go for the perceived prejudice of the judge to whom you are arguing. Of course you have to have some legal basis, but that recedes in importance the more important the decision to the culture and the more ambiguous the statute or Constitutional provision involved.


Life is a banquet -- and most poor suckers are starving to death -- Auntie Mame
You are born naked and everything else is drag - RuPaul