Over on Volokh, there’s an argument about judges and “fairness.” I used to think that judges should be bound by the law. But hey, I’m convinced. All that matters is fairness.
You know, i don’t think it’s fair that John McCain, who’s served in the Senate for years, and spent five years being tortured as a POW, should lose the Presidential election to a first term Senator who’s never accomplished anything in his life other than winning elections. So I think that, if the vote comes out wrong, the US Supreme Court, out of a concern for fairness, should overturn that result and give the election to McCain.
Anything else would be unfair.
And we know that fairness is far more important than the rule of law, or democracy, or any othre such pedestrian concerns.