My new piece in the Daily Beast, titled “Merit over Money: Judicial Elections Are a Mess—Here’s How to Fix the Problem”:
“On Tuesday evening, progressives were celebrating the results for the Wisconsin Supreme Court race. And for good reason: a 56 percent to 44 percent win for a liberal candidate, Rebecca Dallet, in a state that Trump had won is a big deal. But the event itself is nothing to celebrate. Judicial elections—and especially non-partisan judicial elections—are bad for law and democracy…”
I argue that merit selection is a better system for constitutional protections and an acceptable compromise with those who seek more accountability.
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Author: Jed Shugerman
Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and political ambition (a cause of mass incarceration), and "The Imaginary Unitary Executive," on the myths and history of presidential power in America.
View all posts by Jed Shugerman