LPA Foundation
Presidential Issues: Judiciary


View all Articles by News and Views

Set Judicial Terms to Balance Accountability and Independence

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

Issue Categories : Judiciary,