Judges, Politics and the Constitution

Steve Scher
05/20/2005 at 9:00 a.m.

The Congressional debate over the Administrations Judicial nominations raises more questions about our government than the debate over filibusters and nuclear options. The Judicial Branch is the third branch of government. There is this precept of the independent judiciary. In this politicized moment, is that a quaint, even naïve notion? Is there room for an independent judiciary, offering checks and balances to the executive and the legislature, or has the confirmation process turned every judge into litmus paper for political debate? One woman's activist is another’s strict constructionist. How should judges be judged? We elect our judges in Washington; we understand there is a political component to the Judiciary. How do citizens of this state balance the political reality with the idea of judicial independence?

Guests:
Stewart Jay Professor of Law at the University of Washington