This past March, four former Pennsylvania governors drafted a letter urging the state legislature to amend the state’s constitution to replace partisan election of state Supreme Court judges with so-called "merit selection," whereby a nonpartisan judicial nominating commission recommends a slate of qualified nominees, from which the governor makes an appointment.

They argued that "if we embrace merit selection, we will get the most qualified, fair and impartial judges to serve our residents." Meanwhile, Kansas Gover­nor Sam Brownback signed legislation replacing the state’s "merit-selection" system for intermediate appellate judges with the federal model of executive appointment and Senate confirmation. Brownback said the merit-selection system "fails the democracy test" by assigning too much influence to the nonpartisan judicial nominating commission, and voiced support for a constitutional amendment to replace merit selection for the state Supreme Court as well.

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