Judge Easterbrook Googles During Oral Arguments

September 15th, 2014

On the Seventh Circuit, the reigning champion of inappropriate judicial fact finding is Judge Posner. But it seems his colleague, Judge Easterbrook, wants to get in on the fun. During oral arguments in the Wisconsin Voter ID case, he apparently googled DMV rules:

I second Rick Hasen’s observation:

Talk about going outside the lower court record for appellate on-the-fly factfinding.

BTW, LawProfs who explain that students should not use laptops in class, because they won’t be able to do so in court–ahem.

At least Judge Easterbrook didn’t ask the attorneys to try out any clothes during the argument.

Update: As several have corrected me, googling the DMV rules is not fact-finding, but determining the law. I have modified the title appropriately.