All judges wear black robes, but they don’t all get them the same way. Federal judges are nominated by the president and confirmed by the Senate for life tenure. But in the states, 87 percent of the general jurisdiction appellate and trial judges run in some form of popular election. Almost all states that elect their judges have placed limits upon what judicial candidates can say. But in its 5-4 decision in Republican Party of Minnesota v. White, issued on June 27, the U.S. Supreme Court undermined those laws. In doing so, the five unelected, life-tenured justices in the majority failed to appreciate how regulations regarding judicial candidate speech alleviate pressures on candidates to compromise their impartiality if they assume the bench.
Truly Impartial?
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
