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    I would take it a step further.

    Posted by Jonathan on 9th July 2018 (All posts by )

    The conclusion of a Glenn Reynolds USA Today column about pro-governing-class selection bias in US Supreme Court nominations:

    To counteract this, we might want to bring a bit more diversity to the court. I’m not recommending that we eliminate the informal requirement that judges have law degrees (though non-lawyer judges were common in colonial times, and some countries still use them). But maybe we should look outside the Ivy League and the federal appellate courts. A Supreme Court justice who served on a state court — especially one who had to run for election — would probably have a much broader view of America than a thoroughbred who went from the Ivy League to an appellate clerkship to a fancy law firm.

    I would expand on this thought to suggest US presidents give preference to candidates who have run small businesses, have had run-ins with bureaucratic authorities and/or been arrested.

    Lex adds:

    Agreed.

    If Trump gets a second term, I’d like to see Mike Lee on the Supreme Court.

    I like Glenn Reynolds’s idea: 59 Justices. Nine appointed by the President, and one appointed from each state by the governor. Bloody brilliant.

    Posted in Civil Liberties, Civil Society, Law, Politics, Tea Party | 7 Comments »

    Seth Barrett Tillman: Poland’s Judicial Crisis: My Post on CONLAWPROF

    Posted by Jonathan on 4th July 2018 (All posts by )

    Arrayed against the policy of the elected government of Poland (which ran for election twice on this policy) is: the EU Commission (not elected), the decisions of the European Court of Human Rights (not elected), the Council of Europe / Venice Commission (not elected), and any number of Polish judges — all appointed by a process wholly insulated from democratic control. But I repeat myself.
    &nbsp:
    I cannot prove this, but I expect if during our domestic squabbles involving the elected arms of the government manipulating the federal courts (circa 1802, and again circa 1863, or even today in relation to court packing) a bunch of international organisations told us what to do, such interventions would not have been (and will not be in the future) very welcomed, and might very well have made (and will make in the future) normal political compromise less likely.
     
    “Purge”. If you want more Trump … but I repeat myself.

    Read the whole thing.

    Posted in Elections, Europe, Law, Politics, Trump | 2 Comments »

    Posted by Jonathan on 22nd June 2018 (All posts by )

    woof

    Chicagoboyz approach Peak Chihuahua.

     

    Posted in Photos | 2 Comments »

    Quote of the Day

    Posted by Jonathan on 19th June 2018 (All posts by )

    Assistant Village Idiot:

    The Cause of the Week is never reported accurately. It is chosen for emotional elements which suspend rational thought.

    It’s literally true!

    Posted in Deep Thoughts, Media, Politics, Quotations, Rhetoric | 1 Comment »