The right to dissent is the only thing that makes life tolerable for a judge of an appellate court... the affairs of government could not be conducted by democratic standards without it.
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The right to dissent is the only thing that makes life tolerable for a judge of an appellate court... the affairs of government could not be conducted by democratic standards without it.
I think it beyond question that it is generally the duty of an appellate Judge to leave undisturbed a decision of which he does not clearly disapprove. I conceive that, in our Court, as in the civil law, it is the rule that "gravely to doubt is to affirm."