The Case For A Nonpolitical Federal Judiciary

Law360 (September 22, 2020, 10:51 PM EDT) -- In the United States, justices are not elected to the highest court in the land. And for good reason. It's a terrible idea and a very toxic way to think about how an independent federal judiciary should work.

In our federal system, judges are the exact opposite of political partisans. It is not some naïve fairy tale that they are supposed to act as neutral arbiters of the law and decide cases, based not on the judge's preference for a particular litigant, or what the judge would herself want to see as the "right" result, but on what the law —...

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