ontrarian
England
I must be one of the few people left in the'talking' classes who is not a Lawyer, that said, talk about judicial politics is ubiquitous in the press and academia today. Discussions of this topic, unfortunately, are often vague or inconsistent about the precise meaning of politics in judging. So cut to the chase. Are Law courts in the US becoming political institutions?
A judge in Hawaii rules on what all citizens in the US must and must not do in regard to immigration and this is binding. For many this ruling is jaw dropping. A recent editorial implicitly gestures at a distinction between the high politics of principle and grand social policy, and the low politics of crass, left–right, Republican–Democrat partisanship that is evident and growing at an alarming rate in the current US political climate
Party affiliation is not a perfect predictor of a judge’s behavior, some claim, however repeated studies have shown that they are. Now isn't that surprising? Judging is political; Conservatives resist weak-kneed squeamishness, Liberals take the same advice to heart, albeit in the opposite political direction. So what's new? Law is a subspecies of Politics that applies to the silks of both colours But Ideological Influence is not Partisanship. Judges, like us all, are malleable. Maybe that is a contributing reason why the US continues to seem hell bent on tearing itself asunder.
A judge in Hawaii rules on what all citizens in the US must and must not do in regard to immigration and this is binding. For many this ruling is jaw dropping. A recent editorial implicitly gestures at a distinction between the high politics of principle and grand social policy, and the low politics of crass, left–right, Republican–Democrat partisanship that is evident and growing at an alarming rate in the current US political climate
Party affiliation is not a perfect predictor of a judge’s behavior, some claim, however repeated studies have shown that they are. Now isn't that surprising? Judging is political; Conservatives resist weak-kneed squeamishness, Liberals take the same advice to heart, albeit in the opposite political direction. So what's new? Law is a subspecies of Politics that applies to the silks of both colours But Ideological Influence is not Partisanship. Judges, like us all, are malleable. Maybe that is a contributing reason why the US continues to seem hell bent on tearing itself asunder.
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