Bias in judicial legislation

This story almost sounds too good to be true. A 17 year old "foster" child who says he has always dreamed of serving the country has been denied the opportunity that non-foster children would be allowed to do.

Shawn Sage tried to enlist in the Marines early (you must be 18 to enlist without strings attached) but was apparantly denied because he is a foster child. Marilyn Mackel a children's court commissioner denied Sage's petition to enlist in the USMC's Delayed Entry Program because she doesn't agree with the Iraqi War and says that recruters care nothing for the men and women that they recruit rather they are simply concerned with numbers. However, had Sage not been a foster child, the case would never have gone to court.

If that truely is the case (the actual court transcripts have not and may not be released to the public) - then this judge should be disbarred and removed from her post. If she is legislating based on her bias instead of law in this case, then what other cases have been decided based on her biases?