Judges, by the nature of their jobs, have to bite their tongues sometimes. They spend some of their time listening to wholly misconceived arguments, ridiculous hypotheses and disputes over trivialities treated as if the most important matter in the world. They are addressed by lawyers, parties and representatives who might not have inherited the Ciceronian skill at oratory.
Occasionally a barbed comment might descend from the lips of the judge, but that might be a tiny and understandable lapse after watching twenty or more cases where the same hopeless and hapless argument has been put before the court.
When it comes to written decisions, then the judge has the advantage of not having to make a decision on the spot, and ill-considered comments would be eliminated. Continue reading