In my opinion, this isn't how it should be, but of course it won't change. I feel like the President shouldn't even be the one to nominate justices. The process just gets so political and so partisan it takes what really should be in the process out of it. I don't believe we have a competent court now and I think the process and the vetting of the court nominees is to blame for this. I don't even know how to fix it, I just know it is broke.
Wednesday, March 9, 2011
Judicial Nominations
Today the judicial nomination system is...well...a little useless. Yes there have been a few examples in the last few years such as Harriet Myers or Robert Bork that haven't exactly worked out well for the President, but in general, the nomination process is more based on party politics than it is on merit for the Judicial System. Today, a President will search around the country not for a justice who exhibits great judicial qualities but for someone who exhibits an ideology similar to that of the makeup of the Senate. For Barack Obama, this was easy, as the entire Senate was comprised of democrats (in my dreams right?). But in general, the President selects a nominee that will probably get through the Senate and then gives a little deference to the BAR Association, and asks them to rate nominees which except for Clarence Thomas, they always rate well qualified.
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But do you really think it is possible to find incredibly smart people who would be judicial candidates that aren't political? In my mind the court almost has to be political, but I guess it is arguable to what extent. If a president seeks out a judicial nominee that doesn't share his political ideologies, but is someone who seems "impartial" will that make his constituents happy? I think there does need to be some changes made, but like you, I'm not quite sure what those should be either.
ReplyDeleteI don't see how the process is useless. Political, yes; useless, no. What does the president even do if he doesn't nominate judges? Who would you have nominate them? Or would you get rid of the entire court? Getting rid of the court is out of the question, it's all we have to defend minority groups from being screwed over by democracy.
ReplyDeleteJudges can't be apolitical; it's just impossible. Everyone has a bias, these aren't robots. The Constitution isn't written so you can just interpret it one way.
I can see your argument as to why it's broke, but I think it's working well enough.
Couldn't you argue that the President is looking for the best person for the job, and in their views it would be someone who exhibits similar standings to their own political party?
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