Should Courts Be More Political

 In an ideal world judges would be chosen and rule without regard to politics. In reality, as Prof. Jedediah Britton-Purdy argues, the judiciary is just another political branch of government. Too often, the selection of judges and the thrust of their decisions reflect their political beliefs.

Taking this as a given, Prof Britton-Purdy urges that democracy is best protected if judicial candidates more openly espouse their constitutional viewpoints and voters can make better informed decisions in selecting those who more closely reflect popular constitutional beliefs.
While Prof. Britton-Purdy’s proposal has the appeal of a practical solution, it points in a dangerous direction. If judging is accepted as merely an alternative exercise of political choosing, the basic belief in a fair and impartial system of justice will be fatally forgotten. Better to keep alive the vision of “courts [as] forums of principle, wisdom and deliberation “which deliver just judgments free of political fervor. While that may be an elusive goal, our historic, democratic precepts require its pursuit.