Judges and Judiciary
Sep. 16, 2006
Use of Arbitrary Discretion Prevails in High Court
FORUM--In asserting that "discretion is not whim," and to ensure that the exercise of discretion harmonizes with the "basic principle of justice that like cases should be decided alike"...
By Michael Halley
In asserting that "discretion is not whim," and to ensure that the exercise of discretion harmonizes with the "basic principle of justice that like cases should be decided alike" and that "decisions should be made today the same way they were made yesterday," Chief Justice John Roberts emphasized that judicial discretion should be limited by the rigorous appli...
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