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this post was submitted on 13 Sep 2024
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So, the judges will have to campaign on the issues? Doesn't seem like the best idea if you want neutral and unbiased judges.
Like the unbiased judges appointed by politicians?
There's already a system in place to hold politicians accountable.
How well had that worked for the US President's and their appointed Supreme Court justices which have been getting bribed in public without consequences? Unless you mean the guillotine...
You can impeach all of them, including Supreme Court justices, within the framework of the law that has been set by elected representatives.
Do you want neutral judges or do you want judges that align with the popular view?
John Roberts spent his confirmation process convincing everyone he was a "neutral" balls and strikes judge. All his opinions are phrased to imply he is taking a rational and fact based approach to the law. Yet his decisions are all in favor of hard right positions.
Do you want a judge like that? Or do you want an "activist" judge that respects unions, defends abortion rights and voting rights, and curtails the power of private industry to subvert democracy?
I want judges who base their rulings on the law and not their political views. In theory, laws adjust to the popular view over time. Judges should not be part of that adjustment.
The law is a consequence of political viewpoints. The issue of Roe, for instance, is decided by the interpretation of a basket of Constitutional rights and privileges.
If laws weren't up to ideological interpretation, we wouldn't need judges or lawyers to begin with. They'd just be clerks administration filed paperwork with predetermined outcomes.
There's no such thing
Maybe, maybe not. But blatantly giving up on neutrality by electing judges based on their political views does not help promote justice.
Between these two options:
indulging in the delusion of neutral judges and letting the elite pick the ones who do the best job of pretending to be neutral while representing their interests
discarding the illusion of neutral judges and picking ones who openly state (and ideally have a record) that they will seek to pursue and enact justice as both they and the better part of the population interpret it
I think one of these is clearly superior for "promoting justice". Do you disagree?
Yes, I disagree. I already stated why.
But you yourself admitted that there may be no such thing as "neutral," "apolitical" justices. If there aren't, what good does pretending do?
Where did I "admit" that? I said maybe, maybe not. Campaigning on the issues will lock judges into their biases. It will never work well.
I said
Which is what you said. I characterized your statement correctly.
What does this mean? Everyone has biases, I don't see how campaigning matters for that. Do you mean, perhaps, that it prevents judges from changing for branding purposes? Because that objection has two serious problems: 1) what the public wants will change over time and 2) people should do what they're elected to, so what does it matter if someone keeps getting elected for maintaining the same popular platform?