By John R. Lott Jr.
Judges have huge, immense energy. They ascertain whom we will be able to marry, even if we will be able to personal firearms, even if the govt. can mandate that we purchase sure items, and the way we outline "personhood." yet who will get to occupy those strong positions? Up earlier, there was little systematic learn of what form of judges get confirmed.
In his rigorous but readable sort, John Lott analyzes either ancient debts and massive quantities of information to determine how the affirmation technique has replaced over the years. most significantly, Dumbing Down the Courts indicates that intelligence has now turn into a legal responsibility for judicial nominees. With courts taking over an ever better position in our lives, smarter judges are feared by way of the competition. even if presidents wish really good judges who help their positions, senators of the opposing celebration more and more "Bork" these nominees who may be the such a lot influential judges, subjecting them to humiliating and lengthy confirmations.
The end? The brightest nominees won't turn out at the bench.
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Extra info for Dumbing down the courts: how politics keeps the smartest judges off the bench
Debacle: Obama’s War on Jobs and Growth and What We Can Do Now to Regain Our Future (with Grover G. Norquist) More Guns, Less Crime: Understanding Crime and Gun Control Laws Straight Shooting: Firearms, Economics and Public Policy Freedomnomics: Why the Free Market Works and Other Half-Baked Theories Don’t The Bias Against Guns: Why Almost Everything You’ve Heard About Gun Control Is Wrong Are Predatory Commitments Credible? Who Should the Courts Believe? HOW POLITICS KEEPS THE SMARTEST JUDGES OFF THE BENCH JOHN R.
If lawyers on either side of the case have even a hint that someone like Mankiw may work against their side, they will use one of their peremptory challenges to remove him from the juror pool. In their eyes, removing him from the jury is the equivalent of removing several other equally biased jurors. Similarly, for judges on a circuit court or the Supreme Court, a smart, persuasive judge might convince other judges to change their votes on a case. Judges who can write powerful judicial decisions also tend to be cited more frequently and influence judicial decisions made by other judges.
Each of these organizations created a host of new, often controversial regulations that fall under the jurisdiction of federal courts. Existing agencies have also been given new regulatory authority. The number of lawsuits generated by regulatory agencies increased as the agencies took advantage of their growing regulatory authority and issued new regulations. 64 With every law that it oversees, the EPA generates litigation for the federal courts, and neither the agency nor its major laws existed before 1970.