November 13, 2003

Solum post on judicial selection

Read Larry's thoughtful post. I suppose I am one of the people Larry is referring to who believes, at least when it comes to constitutional adjudication of rights, that talk of formalist judging is just "pie in the sky." But believing that ideology matters is not the same as believing the system is corrupt. Larry conflates the two, discussing "odd corners of the United States, where lawyers know that winning even in a run of the mill tort case is almost entirely a function of how much you have contributed to the local political machine." I don't believe for a minute that Supreme Court Justices deciding election law cases do so based on personal or pecuniary gain (despite the fact that this charge has been made against some Justices in the Bush v. Gore majority). The Justices do the best they can to apply the Constitution as they read it, (sometimes subconsciously) through the ideological lens by which they view the document.

Posted by Rick Hasen at November 13, 2003 08:57 AM