I get that you’re saying that it doesn’t feel fair to you, but that’s not how the law works. We might want the law to meet our sense of fair play, but there’s a ton of questions about balancing interests and precedent and so on.

Yeah. Law’s not like computer code. The details of all the rules and precedent are a critical side to be aware of, but judges also have to balance the letter of the law against the obvious justice of the situation all the time. If it were just as simple as researching and following the rules to the letter, it’d be a lot simpler profession. But if you’ve ever been in court for any length of time you’ll see (or at least my experience has been) that the judge generally has one eye always firmly fixed on what’s actually the right thing to do. Surprisingly so. Exercising, well, judgement on where to draw the line – not just throwing out the letter of the law based on “eh I don’t feel like this outcome is right” but being willing to depart from the letter of the law if something clearly wrong is happening in front of you – is one of the most critical parts of what your job is as a judge.

I’m not really experienced enough at law to come at it from any standpoint other than “what’s the right thing.” I’m aware that as a matter of law, she’s on completely solid ground. I think though that in the actual practice of how judges are supposed to do their jobs, those two things aren’t as widely separate from each other as they might seem.