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Curb Judges and Restore Politics.

The American Enterprise

| October 01, 2001 | Liebmann, George | COPYRIGHT 2001 The American Enterprise, a national magazine of politics, business and culture (TEAmag.com). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Eager to curb excesses by judges and special-interest groups, recent Republican administrations have adopted a simple strategy: policy through personnel. In other words, reform the legal system by appointing judges who will rein in judicial abuses.

This approach has grave limitations. For one thing, the two parties alternate in the national captain's seat, and the continued dependence of the Democratic Party on identity politics means that many activist judges will end up with lifetime appointments. Moreover, Senate confirmation is thought to require nominating "stealth candidates" for judicial posts, who almost by definition lack the strong convictions that are ...

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