Political attacks on the judiciary: can justice be done amid efforts to intimidate and remove judges from office for unpopular decisions?

Article Abstract:

Politicians and pundits that attack judges because of unpopular decisions do the US justice system a great disservice by compromising the independence of the judiciary. Calls for impeachment based on a judgment are absurd, and politicians must not seek resignations from judges. Judicial elections and retention elections should be eliminated, and merit-based selection processes should be employed. Judges cannot be worried about the potential that an unpopular decision will end their careers, and the public cannot believe that politics cannot influence judicial decision-making.

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Some thoughts on judicial independence

Article Abstract:

Calls for greater political accountability of the courts and reduced judicial discretion fail to consider the importance of judicial independence to the separation of powers established under the Constitution. Politicians have used questionable decisions to justify attacks on the courts, and the public, ill informed about the remedies provided by appeals and legislative action, has accepted this rhetoric. Judges should be selected based on their ability to perform as judges and not based on their social and political philosophies.

Separation of powers, New York (State)

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Last thoughts

Article Abstract:

The proposal by Emerson H. Tiller and Frank B. Cross to select judges for federal appellate panels based on political background would inhibit impartial decisionmaking rather than enhance it. We should reduce the effect of party loyalty on judges, not further entrench it. Judicial ideology is not the same as loyalty to a political party. The Constitution's process for selecting federal judges is sufficiently political already.

United States, Management, Criticism and interpretation, United States. Courts of Appeals, Tiller, Emerson H., Cross, Frank B.

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