Judge in pipeline case stresses importance of law

The judge who will decide the immediate future of the Dakota Access Pipeline expressed his belief during his confirmation proceedings that the U.S. Constitution and judicial precedent should lead to a judge's decisions.

U.S. District Judge James Boasberg in 2010 responded to questions from Sens. Jeff Sessions and Tom Coburn about his judicial philosophies. Boasberg’s answers tended to stress the importance of following the law. Neither empathy nor sympathy should play a role, he wrote.

“Judges should not work from a desired outcome in assessing the law and facts. Instead, they should follow the law and facts to whatever outcome they dictate,” he wrote.

Boasberg will decide whether to stop construction of the Dakota Access Pipeline while the Standing Rock Sioux Tribe pursues a lawsuit against the U.S. Army Corps of Engineers. The tribe alleges the corps violated the National Historic Preservation Act while permitting the pipeline, which would take Bakken oil to Illinois. Boasberg plans to rule on the injunction by Sept. 9.

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