When Judges Are Not Neutral

Law360 (July 31, 2020, 3:23 PM EDT) -- When judges are not neutral, is there recourse? The answer is: maybe.

Very few, if any, of us would want a judge deciding our case to take the side of our opponent. Think about that. Judges are supposed to be fair and impartial. They are supposed to act as "neutral arbiters of matters the parties present," according to the U.S. Supreme Court's 2008 decision in Greenlaw v. U.S.

But watch out. Lack of neutrality could be catastrophic in any litigation. Two recent, high-profile cases arguably demonstrate that all courts do not always act as a neutral arbiter.

In May, in the...

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