15 November 2016

Judges as Politicians

The election of judges in the United States (no all, and none at the federal level) is perhaps one of the more surprising aspects of the American legal system that my students encounter. The idea, as I have noted on this blog before (here, here, here and here) is quite controversial but based on the belief that judges will be more accountable to the public if they have to stand for election. Adam Liptak of the New York Times recently noted that judges who are elected act a lot like politicians. His piece is worth a read for an overview of some of the recent studies conducted looking at the impact of elections on judicial decision making.