In his Law.com article entitled Viewing Law Blogs as a Vast Amicus Brief, Howard Bashman consideres “what should judges do if, while visiting the legal blogosphere, they encounter discussions about how pending cases ought to be decided?
He writes, “We expect appellate courts to conduct their own legal research, beyond that presented by the parties, with the goal of reaching the most lawful and just outcomes possible. When the legal blogosphere offers assistance in the form of insightful commentary about pending cases from law professors and lawyers with particular expertise in the subject matter under consideration, a judge’s consultation of those blog posts is, in my view, just another form of permissible legal research.”
Source: Inside Opinions: Legal Blogs