Partisan Judges

44 Pages Posted: 7 May 2024 Last revised: 8 May 2024

See all articles by Steve Leben

Steve Leben

University of Missouri at Kansas City - School of Law

Date Written: May 1, 2024

Abstract

Judges generally deny that they have a political role, as Justice Stephen Breyer did with a book and book tour shortly before he left the bench. But law is the central product of politics, and law is how government organizes itself. Everyone but judges—even the public—now recognizes openly that judges are political, and today's politics are partisan. Judges should acknowledge that the values and political views of judges do matter. But those who select judges should be looking for people who have humility and an ability to work with others, even as both parties also look for judges who are generally likely to advance positions favored by them. Doing so will further court legitimacy by enhancing procedural justice, improve the administration of justice, and likely increase the long-term viability of a judge's contributions to the law.

Keywords: judicial selection, procedural justice, intellectual humility, judicial politics

JEL Classification: K40, K41

Suggested Citation

Leben, Steve, Partisan Judges (May 1, 2024). Arkansas Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4817797

Steve Leben (Contact Author)

University of Missouri at Kansas City - School of Law ( email )

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Kansas City, MO 64110-2499
United States
913-485-7192 (Phone)

HOME PAGE: http://https://law.umkc.edu/profiles/faculty-directory/steve-leben.html

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