Partisan Judges
44 Pages Posted: 7 May 2024 Last revised: 8 May 2024
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: Suggested Citation