There’s a reason you have organizations like the NLRB, meant to be the “first step” before a labor case goes to a more general trial – it lets a bunch of people who are actual subject matter experts (in the NLRB’s case, labor law experts) be the first pass at reviewing the legal claims before a general court that doesn’t know what the fuck they’re talking about gets involved. It lets you set the tone for the whole ensuing trial process, grounded in understanding and truth.

The average judge doesn’t know jack shit about ANYTHING other than the technicalities of the law. Most of them haven’t done a real day of work in their life. But being a judge gives you the confidence you need to think your understanding of the technicalities of the law can be applied to just about anything, even something you find utterly baffling outside of the trial.

We really lack a qualified commission or board to be the first pass for these big tech disputes. The FTC is asleep at the wheel. And the result is that our ongoing legal frameworks around these issues continue to be arbitrary, unpredictable court rulings based on random judges’ limited understandings and gut instincts. It’s a very bad situation.

In a similar vein, that’s why the fascists on the Supreme Court are trying so hard to undermine and delete Chevron deference. Because when you want to use the courts to just enforce your preferences and write your own laws, having to appeal to subject matter experts just gets in the way.