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Religion & Law

: Mirror of Justice

What should judicial accountability look like?

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The same-sex marriage controversy in Iowa has spilled into the judicial retention system, where there is an active campaign to remove the supreme court justices who voted to strike down the state statute limiting marriage to a man and a woman.  Let's assume for the sake of this argument that the court's ruling was an example of judicial "activism" unmoored from the rule of law.  Still, I submit that the broader move toward judicial elections -- including the need to raise gobs of cash from interested parties and the reliance on ads deploying scare tactics about unpopular decisions that a judge may or may not reach -- is a bigger threat to the rule of law than any particular decision that has been handed down in recent years.  Thoughts?

Full post as published by Mirror of Justice on September 14, 2010 (boomark / email).

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