I guess this was his philosophy of judging all along. It sure doesn't appeal to me.
I’m a pragmatist . . . My approach in judging a case is therefore not to worry initially about doctrine, precedent, and the other conventional materials of legal analysis, but instead to try to figure out the sensible solution to the problem or problems presented by the case. Once having found what I think is the sensible solution I ask whether it’s blocked by an authoritative precedent of the Supreme Court or by some other ukase that judges must obey. If it’s not blocked (usually it’s not—usually it can be got around by hook or by crook), I say fine—let’s go with the commonsense solution. I would like to see judicial opinions written by judges rather than law clerks and characterized by brevity and candor and a quest for the sensible result.