Listening to academics and jurists at various symposia posit reasons for the new age of judicial critics and nomination battles, it seemed most missed the obvious. Quite simply, it’s the electronic age. Throughout history, the public had but a rudimentary grasp of the judiciary. The information super-highway has allowed for easy monitoring of judges and quick, mass communication about their backgrounds, “connections,” publications, speeches and rulings. The public thus gained an in-depth understanding of the role ideology plays in judging.
Miscast as a threat to judicial “independence,” the scrutiny is a just and healthy consequence of judicial activism. As many legislators have observed, “judges who act like politicians get treated like politicians.” Those who respect their limited role and the rule of law are not among the whiners.
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