August 4, 2015
By Doug Bandow
The judiciary has been described as the least dangerous branch. But that isn’t true. The Supreme Court has become a continuing constitutional convention, in which just five votes often turns the Constitution inside out.
The latest Supreme Court term was seen as a shift to the left. These decisions set off a flurry of promises from Republican Party presidential candidates to confront the judiciary.
For instance, Jeb Bush said he would only appoint judges “with a proven record of judicial restraint.” Alas, previous presidents claiming to do the same chose Anthony Kennedy, David Souter, and John Roberts, among many other conservative disappointments.
Sen. Ted Cruz (R-Texas) called for judicial retention elections. Even more controversially, he suggested that only those before the justices had to respect Supreme Court rulings.
Read the full article at the Cato Institute: Set Judicial Terms to Balance Accountability and Independence