Judges and Delusions of Grandeur

Attorneys will often whisper their suspicions about any given judge, before whom they appear, as having delusions of grandeur.  They are wise enough not to express their opinions aloud, as judges often have long memories.

It is a disappointing spectacle, however, when a judge truly begins to have delusions of grandeur and begins to act as if they have powers beyond that of a public servant who should be dispensing justice.  Over the past week, I have become aware of two cases where it is apparent that the robes are starting to affect the thinking of the judges.

The first case, which is now on appeal in the 7th Circuit, is Eagle Cove Camp & Conference Center v. the Town of Woodboro (in Wisconsin).  It is a case where a family is trying to build a Bible camp on their land.  It includes a long and convoluted exchange with the county and the zoning board.  However, it is the finding in the U.S. District court for the Western District of Wisconsin, where Judge William Conley went beyond his capacity.

The judge speculates “whether plaintiffs’ utter lack of success to date is God’s way of telling them—through admittedly-imperfect, secular institutions—to look elsewhere for a more acceptable location."  He did , however, admit that "[U]ltimately, only God knows if they should continue to knock at this particular door or look for an open window somewhere else.”  The judge writes as if he is able to ascertain the will of God, which must of course always fall on the side of victory in his thinking.  It is truly a shocking passage in the opinion.  Thankfully, the martyrs of the church did not see the will of God as only being on the side of the victors.

The second example has received a fair amount of press.  The esteemed Justice Richard Posner of the Seventh Circuit got into a hollering match with an attorney representing Notre Dame.  The college objects to having to pay for contraception under the H.H.S. Mandate for religious reasons.  Judge Posner berated the lawyer during the argument, and he ultimately ruled against the college.

It hasn't been noticed or reported, but the arrogance of that opinion is summed up in one line, "[T]he accommodation in this case consists in the organization's (that is, Notre Dame's) washing its hands of any involvement in contraceptive coverage."

Not only did the judge rule against the college, but requires them to be Pontius Pilate as before Christ and just wash their hands of the whole thing.  As in Pilate's situation 2000 years ago, the washing of hands does not dismiss the utter lack of justice either then or here.  Someone might want to remind Posner of that fact.  And for him to require the college to be Pilate is adding insult to injury, showing a level of Biblical mockery that is again shocking. 
 
The prophet Micah tells us what the Lord requires of us: do justice, love mercy, and walk humbly with our God.  In the case of these two judges, they must have been reading an abridged version:  do justice....God.