On July 28, U.S. District Judge William G. Young ruled against mandatory cross-examination by colleges investigating sexual assault cases on grounds that it is capricious. Pursuant to that ruling, the acting assistant secretary for civil rights in the U.S. Department of Education, Suzanne B. Goldberg, declared on Aug. 24 that the Office for Civil Rights will no longer enforce mandatory cross-examination rules in postsecondary sexual assault cases.

Is that position fair to either accuser or accused?

One reasonable question is, did the judge have a political disposition or philosophy?

We know that judges can be political: Many of us describe the Supreme Court as having six “conservative” and three “progressive” justices. Other scholars make the same claim of bias.