America’s original intentions were to keep the courts apolitical. And for most of our history that worked just fine. The recent politicization of the courts is more an inevitability that comes out of such a highly polarized environment than anything else. It’s very difficult to create a system where the courts aren’t politicized in this environment. I don’t think it’s a fundamental problem with how judges are appointed. As far as I’m concerned, the systems to appoint judges will always be vulnerable to politicization. Whether that’s by politicians, an independent body, or elections by the people, judge appointments can always be politicized in such a divided country. So I think the biggest question we should be asking is why America is so divided right now and that’s a MUCH larger and more complicated question.
America’s original intentions were to keep the courts apolitical. And for most of our history that worked just fine. The recent politicization of the courts is more an inevitability that comes out of such a highly polarized environment than anything else. It’s very difficult to create a system where the courts aren’t politicized in this environment. I don’t think it’s a fundamental problem with how judges are appointed. As far as I’m concerned, the systems to appoint judges will always be vulnerable to politicization. Whether that’s by politicians, an independent body, or elections by the people, judge appointments can always be politicized in such a divided country. So I think the biggest question we should be asking is why America is so divided right now and that’s a MUCH larger and more complicated question.
George Washington even warned us about the two party system
Probably just surprised it took this long for it to get this bad