There is much to like about Justice Richard Sanders. He’s a charming and relentless populist. You can see it in all his decisions – voting with the majority when they agree with these views, dissenting when they don’t. Sanders really sticks to his guns.
But that better describes an advocate than a judge, and the distinction is critical. The “rule of law” entitles citizens to an assurance that the outcome of cases turns so far as possible not on the personal views of the judge but on principles laid down by the Legislature in a governing statute or fairly emerging …