THE FEDERAL ADVANTAGE: WHY TODAY'S POLARIZED POLITICS POSE THE GREATEST THREAT TO STATE COURTS.

Autor: KALMANSON, MELANIE
Předmět:
Zdroj: Elon Law Review; 2020, Vol. 12 Issue 2, p255-281, 27p
Abstrakt: Throughout history, our country has struggled to insulate our judiciary from improper outside influence and political attacks. In some contexts, the polarization of contemporary politics may drive change and progress. However, improper, politically charged discourse poses a great threat to the judiciary--the one branch of government intended to be independent, or free, from political influence. As with the rest of the federal government, federal courts--especially the U.S. Supreme Court--are scrutinized each time they issue a decision, especially those addressing high-profile issues. But conversations regarding judicial independence must include state court judges, who are responsible for hearing ninety-five percent of the country's cases. Without the benefit of constitutional mechanisms, like Article III, state court judges are more vulnerable than federal court judges to the effect of modern politics. Thus, this Essay focuses on the importance of including state court judges in the important conversation regarding judicial independence and explains how the state judiciaries can look to the federal judiciary for guidance in counteracting this threat. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index