The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

When the Judge Feels She Must Publicly Note "the Utter Hypocrisy of Both Sides" ….


Words from Judge Naomi Reice Buchwald (S.D.N.Y.) Wednesday in Filsoof v. Cole:

Finally, the Court cannot conclude this decision without noting the utter hypocrisy of both sides shifting positions on the issue of personal privacy depending on their view of litigation advantage.

Of course, lawyers always try to spin things in their favor, and sometimes they end up trying to distinguish the indistinguishable. At the same time, you'd like to avoid reactions like this, both for the sake of your future success in the litigation, and your future credibility with the judge more generally.