The case for returning politicians to the Supreme Court

Robert Alleman, Jason Mazzone

Research output: Contribution to journalArticle

Abstract

In the past few decades, prior service in the federal judiciary has become an increasingly important qualification for appointment to the Supreme Court. As a result, the Court has lost one kind of Justice who was very nearly a constant on the Court for 170 years: the politician who joins the Court after distinguished and prominent service in public life. Politicians of national prominence should be returned to the Supreme Court. These statesmen give legitimacy to the Court in an age when confirmation hearings are unrevealing. They have a history of accountability on concrete legal and political issues. They bring wisdom and skills that can improve the work of the Court. Today's Supreme Court interprets and reviews statutes and decides issues of executive power without any Justice with experience voting on legislation or serving as a cabinet member. Former politicians can enhance the Court's interactions with the other branches of government and predict and manage the political fallout from unpopular decisions.

Original languageEnglish (US)
Pages (from-to)1353-1406
Number of pages54
JournalHastings Law Journal
Volume61
Issue number6
StatePublished - Jul 1 2010

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Supreme Court
politician
justice
executive power
judiciary
statute
wisdom
qualification
voting
legitimacy
legislation
responsibility
history
interaction
experience

ASJC Scopus subject areas

  • Law

Cite this

The case for returning politicians to the Supreme Court. / Alleman, Robert; Mazzone, Jason.

In: Hastings Law Journal, Vol. 61, No. 6, 01.07.2010, p. 1353-1406.

Research output: Contribution to journalArticle

Alleman, Robert ; Mazzone, Jason. / The case for returning politicians to the Supreme Court. In: Hastings Law Journal. 2010 ; Vol. 61, No. 6. pp. 1353-1406.
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