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Politics : The Judiciary
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From: TimF11/16/2007 2:26:16 PM
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volokh.com

I post this link more for the interesting discussion in the comments section than in response to the blog post itself.

For example the first comment

Daniel San:
I agree that there is something unseemly about high-profile, negative, judicial races. But I do not see why those races are any more a treat to judicial independence than hearings before politician who are trying get commitments to rule in certain ways or to be sensitive to certain interests. Those hearings can get just a negative and dirty as election ads.

For good or ill, appellate judges (and occasionally trial judges) often perform a quasi-legislative role. That is not likely to change. As a result, politicians and interest groups will naturally do what they can to influence judicial selection and decision-making. Other than a system of selecting judges by a random process, I don't know how we could avoid political maneuvering in the process.

Complaints about the electoral process are not reall complaints about the threat to independence. They are complaints about the public nature of the threat to independence.

--

Or this comment near what's currently the end -

"DangerMouse:
I think all judges should be elected, given what "judging" is understood to be today.

Didn't all of the Democratic candidates last night proudly state that every judge they nominate would vote to uphold abortion? What's the difference between electing a President who gives such a pledge, and electing a judge who gives that pledge? Or a pledge to overturn Roe, or any other kind of result?

Judges do not judge anymore. They rule on ideology now. It's only fair the voters get a chance to determine that ideology..."

volokh.com
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