Tuesday, August 30, 2005

Why Judicial Confirmations Have Become Politicized

All of us have noticed how political the judicial confirmatin has become. Justice Antonin Scalia addressed this issue and hit the nail on the head concerning why this is so. According to Scalia, the concept of a "living Constitution" (interpreting the Constitution in accordance with the judge's ideas of "evolving standards of justice") has created a climate in which judges settle society's difficult moral issues. Once judges begin acting as superlegislators by settling moral issues, political groups will try to assure that the judges selected will make superlegislative decisions agreeable to the political group. In other words, the participants in the political process (voters) will influence their representatives to select judges who will make decisions acceptable to the majority.

Read a more complete summary of Scalia's views at Confirm Them.

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