The new and old style of politics in judicial selection

Earlier I reported on the deadlock in the Connecticut Judiciary Committee over the nomination of Justice Andrew McDonald to become that state’s next Chief Justice. The entire legislature will take up the nomination next Monday. In the meantime, certain trolls have apparently posted homophobic slurs about McDonald on the internet. (McDonald, a former Democratic legislator, is openly gay.) And in response, a left-leaning lobbying group called True Justice has created a digital ad accusing Republican opponents of McDonald’s nomination of “hate” and “homophobia.” The Republican leadership has been insistent that its opposition has nothing to do with McDonald’s sexual orientation, which seems wholly plausible since it was never an issue when McDonald was originally confirmed to the bench five years ago.

To be clear, it certainly does appear that Republican opposition to McDonald’s ascension is politically based — they would prefer someone with more conservative (or less liberal) credentials. This intersection of law and politics is perhaps unavoidable in the modern age, but it still hurts the credibility and perceived impartiality of the judiciary. Legislative Republicans would be better off confirming an accomplished jurist to the position for which he was duly nominated, and liberal agitators would be better off by not trying to turn every policy decision with which they disagree into hysteria and name-calling.

Meanwhile, Hawaii’s federal district court will soon have new judges, thanks in large part to tried-and-true backroom politics. This article lays out the interesting negotiations between the White House and Hawaii’s Democratic senators to get a number of federal judicial nominees confirmed. Score one for the old style of politics.

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