20.09.2019 Views

The Political Dynamics of Justice Reform in The U.S.

The Political Dynamics of Justice Reform in The U.S.

The Political Dynamics of Justice Reform in The U.S.

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Gazette published on 11 January 1773, a phrase that first appeared <strong>in</strong> section 3 <strong>of</strong><br />

the Act <strong>of</strong> Settlement 1701 <strong>in</strong> England.<br />

<strong>The</strong> President is free to appo<strong>in</strong>t any person to the federal bench, yet typically he<br />

consults with the American Bar Association, whose Stand<strong>in</strong>g Committee on the Federal<br />

Judiciary rates each nom<strong>in</strong>ee "Well Qualified," "Qualified" or "Not Qualified."<br />

State Courts<br />

State courts deal with <strong>in</strong>dependence <strong>of</strong> the judiciary <strong>in</strong> many ways, and several forms <strong>of</strong><br />

judicial selection are used for both trial courts and appellate courts (<strong>in</strong>clud<strong>in</strong>g state<br />

supreme courts), vary<strong>in</strong>g between states and sometimes with<strong>in</strong> states. In some states,<br />

judges are elected (sometime on a partisan ballot, other times on a nonpartisan one),<br />

while <strong>in</strong> others they are appo<strong>in</strong>ted by the governor or state legislature.<br />

<strong>The</strong> 2000 case <strong>of</strong> Bush v. Gore, <strong>in</strong> which a majority <strong>of</strong> the Supreme Court, <strong>in</strong>clud<strong>in</strong>g<br />

some appo<strong>in</strong>tees <strong>of</strong> President George H. W. Bush, overruled challenges to the election<br />

<strong>of</strong> the George W. Bush then pend<strong>in</strong>g <strong>in</strong> the Florida Supreme Court, whose members<br />

had all been appo<strong>in</strong>ted by Democratic governors, is seen by many as re<strong>in</strong>forc<strong>in</strong>g the<br />

need for judicial <strong>in</strong>dependence, both with regard to the Florida Supreme Court and the<br />

US Supreme Court. This case has <strong>in</strong>creased focus and attention on judicial outcomes<br />

as opposed to the traditional focus on judicial qualifications.<br />

Page 56 <strong>of</strong> 262

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!