Rov_Scam
17hr ago
Except no such category of cases exists. There are categories of cases that are more likely to get an opinion, but that's no guarantee that you're going to get one, even if the trial judge really likes to hear himself talk. I have had a few cases where the judge wanted us to provide additional briefs on a relatively new argument we were making and I thought he might issue an opinion but he didn't, even though he seemed interested in the legal basis of a hearsay exception that he made up himself.
Rov_Scam
18hr ago
Let me offer a fanciful hypothetical (perhaps not as fanciful as a hypo about the Alien Enemies Act and the British invasion). Imagine that a federal judge decided that he would no longer offer any rationales for his decisions. He would simply invite the parties to court, listen to their arguments, and announce a judgment for the plaintiff or the defendant from the bench, and then adjourn court. Following that oral order, the clerk would enter a judgment for the prevailing party. The judge explains that he only needs to issue an order, and no statute requires him to explain his reasoning. The Circuit Court consistently reverses this judge's rulings, and grants writs of mandamus, but the judge continues his practice.
Sometimes I wish the Volokh conspiracy contributors wouldn't make it so patently obvious that they never practiced law a day in their lives.
Rov_Scam
18hr ago
No, one wouldn't expect that. Orders from trial courts seldom come with opinions. I file hundreds of motions per year and exactly zero have ended in a written opinion. If I'm lucky I might get an explanation from the bench. Usually the judge doesn't say anything but that he'll take it under advisement and he signs an order prepared by counsel a week later.
Rov_Scam
18hr ago
Orders from trial courts only rarely contain opinions. The judge decided to write a brief opinion critical of the administration from putting him in a position where he had to issue the order. Why? Because he can. Judges make performative comments like this all the time, it just usually happens during motion arguments when nobody is there but the court staff and the attorneys.
It's common, but I don't think you realize how many motions are filed in a typical case. Not many come with opinions, even the contested ones
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