Judicial Bad Faith II
On Feb. 5, I asked how we can get better, more independent, impartial, apolitical, competent judges.
What we need is a Judicial Appointments Commission.
In theory it wouldn’t even need a Constitutional Amendment, but could be done by Presidential appointment and/or Congressional legislation. But considering the corruption of the Supreme Court, constitutional independence for the Judicial Appointments Commission would probably be ultimately preferable.
Such a Commission could operate by examining the track-records and words of potential Presidential nominees to Federal Courts, including the Supreme Court, for political independence, qualification, experience, etc. This work probably should be done confidentially, since reputations may be involved. And the President would only nominate candidates approved by the Commission. Thus, the President might initially send over to the Commission – confidentially – more names than s/he will end up appointing.
The Judicial Appointments Commission would be what’s called a blue-ribbon panel: bi-/non-partisan, comprised of highly respected citizens, appointed by the President and confirmed by the Senate. Some state Governors have proved themselves capable of working successfully with blue-ribbon commissions in various fields; why not the President? I would prefer a somewhat large body, maybe as many as 25 members from a variety of backgrounds, for a diversity of experience and opinions to bring to the task.
The ultimate goal here is to introduce into the system a more honorable and apolitical element, one that could be duplicated by all the States also – an at times very political and politicized system that has corrupted the very Constitutional watchdog function of our courts. They suffered the ultimate black-eye in December 2000 when they intervened in a highly partisan way in the Presidential Election, but their corruption has been a constant part of the system since the beginning of the Republic, one that I hope a blue-ribbon Judicial Appointments Commission might remedy.