An elected judiciary is virtually unique to the American experience
and creates a paradox in a representative democracy. Elected judges
take an oath to uphold the law impartially, which calls upon them
to swear off the influence of the very constituencies they must
cultivate in order to attain and retain judicial office. This
paradox has given rise to perennially shrill and unproductive
binary arguments over the merits and demerits of elected and
appointed judiciaries, which this project seeks to transcend and
reimagine. In Who Is to Judge?, judicial politics expert Charles
Gardner Geyh exposes and explains the overstatements of both sides
in the judicial selection debate. When those exaggerations are
understood as such, it becomes possible to search for common ground
and its limits. Ultimately, this search leads Geyh to conclude
that, while appointive systems are a preferable default, no one
system of selection is best for all jurisdictions at all times.
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