Since her retirement from the Supreme Court Sandra Day O’Connor has been campaigning against the popular election of judges. I agree with her. Envisioned by the founding fathers as interpreters of the law, they should be among the bet legal mind available for a given position and they should rule based on the law and only the law, no matter how popular or unpopular their rulings may be. This is the only way laws get changed. If judges have to run for public office they will be tempted to rule with that in mind.
Now, however, there is a new danger to the impartiality of judges. O’Connor has expressed concern over the impact of the recent Supreme Court ruling in Citizens United v. Federal Election Commission on the impartiality of judges, and again I share her concern.
“In invalidating some of the existing checks on campaign spending, the majority in Citizens United has signaled that the problem of campaign contributions in judicial elections might get considerably worse and quite soon,” O’Connor said at a symposium at Georgetown Law Center. She noted that each election cycle brings new spending records, especially in state supreme court races that have become special-interest battlegrounds.
–via the Washington Post
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This more recent decision of the Court overturned a 2003 decision upholding campaign contribution restrictions from corporations, unions and other entitities, a decision O’Connor helped write. I don’t know how we regulate the contributions now, but a way must be found. Otherwise, perhaps we aren’t all that far from actually having a State of the Union address brought to you without interruption by the good folks at Johnson and Johnson and Genzyme in which the President drops in product placement.