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The case hasn't been litigated yet. Sure, he's eventually going to take sides... but this is way premature.



Unless I'm badly confused, the particular issue on which he came out against the plaintiff was already brought up.


As I understand it, a judge can make a preliminary decision that a case, or elements of a case, are without merit, before hearing the complete arguments of the plaintiff.


Yes. A judge is making ... judgments ... all through the case. Every time that cliche lawyer jumps up and cries "objection", the judge has to make a decision, and take a side.




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