Activist Judges, Republican Style

Imagine a future election where you are to vote for a judge. You find out this judge is endorsed by a political party and accepts poltical contributions. He has been endoresed by one of the influential political groups affiliated with the party.

Such a scenario already happens in a few states and it looks like it will happen here in Minnesota. The 8th Circuit Court invalidated rules set up that kept judicial candidates from affliating with a party and can ask for poltical contributions. This is part of a long series of suits brought by a Republican lawyer, Greg Wersal, who believes that parties should have a role in judicial elections. The Republican Party of Minnesota has backed his proposal.

Now, I don't think that judges should even be elected. It's better to have them appointed, in order to maintain judicial independence. But this idea is just terrible. I can see Republican judicial candidates that get funds from Religous Right activists and who end up being beholden to these special interests. How can anyone get any justice if one knows how a judge will vote on a issue. He or she stops being an inpartial judge, and become a party hack.

This is judicial activism at its worse. If parties can endorse judges then we are all screwed. We will then have partisan fights during election season about which judge favors or doesn't favor gay marriag or abortion rights. Judicial rulings would be made by judges who fear if they decide a case "wrong" interest groups will take revenge in the next election.

This is yet another example of the Religious Right's contempt for democracy. It's all about command and control.