Justice Breyer said in a recent opinion that judges should defer to the "significantly greater institutional expertise" of legislators on the subject.
Yesterday, the judge, Justice Louis B. York, deferred a decision on the temporary order.
The judge deferred to the prosecutor, who let a smile creep across his face.
U.S. judges and politicians should defer to religious authorities in the cases where reasonable people can disagree about the health risks.
The judge deferred a decision on legal costs, saying: "If ever there was a case with conduct out of the norm it was this one".
At that point, the judge can accept the agreed terms of the plea, reject them or defer a final decision until he receives a presentencing report.
The other is the demand that judges defer to voters.
Hence, given Chevron, a judge should defer to the agency's own statutory answer.
Judge Wilkinson rather candidly indicated that democracy may lose when judges defer so deeply to national security claims.
A rookie defense attorney would've been torn a new one, but Slip had enough earned credibility that the judge deferred.