The Judge’s Psyche

Ever wonder what goes through the mind of a judge? Well, there are many things and many judges. Nonetheless, there are some common themes, as one who has done a fair amount of testifying and watching judges might tell you.

First, we assume judges are comfortable making decisions. After all, that’s their job. However, through the eyes of this psychiatrist, not so. Every decision they make has the potential of creating an enemy. Ever wonder why they take cases under advisment. I am sure sometimes they actually seek the advice of other judges. More than likely, however, it is to avoid a direct, eye to eye confrontation with the party they find against. They just pocket the case and let the lawyers know their decision via their clerks or paperwork.

Second, enemy avoidance aside, they don’t want to aggrieve a party. There is some guilty anxiety involved in hurting one of the parties.

So, one the one hand, they experience uncomfortableness (anxiety) at being hurt, and on the other hand of hurting. What a position!

So, while in the former case, they sometimes hide behind advisement, in the latter they often try to assuage the hurt, and therefore their anxiety, by saying a few nice things to or about the eventual loser. “You have a good point there.” “You were aggrieved.” Sometimes, they do it by saying something negative to the eventual winner, making the eventual loser feel better. It’s all about feelings, you see.

Anyway, beware when the judge makes you think you’ve got a good case, or that the other side has a bad one. The reversal will come.

So, in the Obamacare case before the Supreme Court, get your act more together and fight harder when the judge seems like he or she will find for you.