Benched

Close cases often present a conflict between two or more rules, and many are not at all clear. In forty-five years as a federal judge, I've learned that judging is a more complicated and subtle task. "Benched" is about what a judge really does. Unlike Roberts' "balls and strikes" disclaimer, I try to reckon with the difficulty of deciding close cases—and why the age-old complaint that too many judges "make law instead of just applying it" is a canard. I also seek to dispel the popular misconception that we judges are just voting our personal preferences. "Benched" also outlines nineteen proposals for improvements in the American system of justice. They cover such diverse topics as police misconduct lawsuits, selection of juries, citizen standing to sue government officials, reviving the independent counsel, and death penalty sentencing. Finally, "Benched" is an account of the life I've been fortunate to live.--Prologue.