Judicial elections, democratic appointment (e.g., senate confirmation), and the Missouri Plan (a/k/a "merit selection")

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Monday, January 6, 2014

US Supreme Court Selection Process is Functioning Just Fine

The US Supreme Court selection process is functioning just fine, argues a new article by University of Georgia Law Professor Lori Ringhand and University of North Texas Professor Paul Collins.  The selection process "provides democratic validation of previously contested constitutional choices made by the Supreme Court; it provides a public forum in which electorally accountable actors argue about what should and should not be considered part of our constitutional consensus; and it provides an opportunity for dialogue between the Court, the Senate, and the public.  Each of these features of the current system work to ensure that the long-term constitutional preferences of the people are, over time, embraced by the Court as part of our core constitutional understanding."  Well said.

Supreme Court Confirmation Hearings and Constitutional Change, written by Collins and Ringhand is available here.


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