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Transcript of 4.02
4.02 Judicial Review
Q1: • How is your role in government different from an elected official?
My position is a federal circuit judge. Both the elected officials and me are appointed by president. I'm here to interpret the law and ensure the fairness of law created by Congress. Viewing evidence and listen to petitioners' cases are my daily role.
Q2: How is it the same?
The elected officials and judges like me are the same in terms that we all serve for the same purpose, for the will of people. We all aimed to achieve equality and uphold the Constitution in our society.
Q3. Do you think judges should be elected? Explain why or why not.
In my personal opinion, I do not think judges should be elected. The intention of appointed judges is to insulate them from public opinions. Without the interference of public opinion, judges can better uphold the Constitution and fairness and not be swayed by public preferences.
Q4. What is judicial review?
Q5. • Please explain the role of judicial review in a case you recently decided.
The role of judicial of review in my recent case was ruled that a music website charging automatic membership fees after a free trial violated consumer rights in many states. So, a group of citizens from one state brought a class-action suit to the court against the music website business, which is in another state. The business had maintained that the policy was agreed to at the time of signing up for the free trial, but the petitioners claim it was unclear and tiny. The business did follow the law by stating in the agreement the customers are supposed to read carefully, but did not put it clear or emphasize the importance of trivia terms. I ruled that the company should refund the customers and fix their terms clearly within 90 days.
Federal circuit judge
Appointed by a Democratic president
Has been a judge for 19 years
Divorced with two children
Recent case–ruled that a music website charging automatic membership fees after a free trial violated consumer rights in multiple states. A group of citizens from one state brought a class-action suit to the court against the music website business, which is based in another state. The business maintains that the policy was agreed to at the time of signing up for the free trial, but the petitioners claim it was unclear and tiny.
Judicial Review is the power for federal judges to review and cancel laws or acts of government if determined to be unconstitutional. It has given the Supreme Court the power to undo public policy.
Q6. Please explain how you arrived at your decision, including different factors that affected it.
The factor that helps me to reach the final decision is the public voices and the company's response to customers' complaints.