As for the first part of your post... Judges exist (in cases like ours) to OVERRULE BAD decisions/acts/laws and the like.
Justice Jackson overruled the previous decision by the JA,.. HE had to accept the agreement submitted by the two parties. In his judgement he went through the reasoning why he agreed and made his order.
As for making the decision himself based on Pitt (whose opinion I dont think has any relevance anymore at this time) or the NOPTA report/recommendation itself... i think it wont happen at this time. BUT I really dont know if the judge can make the decision and usurp the powers of the JA??... Maybe he can order the JA to follow the NOPTA recommendation and make the decision within X number of days or something like that????
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As for the first part of your post... Judges exist (in cases...
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