Judicial Discretion

When we look at Judicial discretion, the legal realists seem to have the idea right. Judicial discretion is not simply an exception to the laws it is in fact the norm. As many people know, what the legislature writes into law is often confusing and not clear with the wording used. This allows the judge a lot of freedom when it comes to deciding a case. This does not mean the judge is irresponsible or bias, the law just isn't black and white. Look at the 1st amendment of the constitution, it plainly states, that congress shall make no law that abridges the right of practice and belief of religion. While the word "no" seems pretty black and white, look at it this way, is it illegal to practice polygamy in the United States, a practice that is the corner stone of Morman belief? It is in fact illegal, outlawed by congress in the mid 1800's but it infringes on the rights of Morman religion. The Supreme Court was able to define this as unhealthy for society and upheld the ban based on judicial discretion. So as you can see this is just one of the many examples of how the law cannot always be so black and white as it appears.