[throw2016]

This is poisoning discourse. Accusing Malamud of 'terrorism' is a kind of terrorism, using the power of the state and law to demonize dissenters by using emotionally charged hyperbolic language.

But delving into the details the failure is judges and other referring to annotations of laws as the interpretations of the laws which then build history and are held precedent, without first making sure any such interpretations are freely available to the wider public.

The judiciary is a specially empowered part of democratic process and has powers but also responsibilities, and has a primary responsibility to uphold the democratic process and free access to the the entire process of laws and their interpretations, and a deviation from this calls into question an individuals suitability for such an important role in the democratic process.