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Alleman & Mazzone on Politicians as Justices

By Lawrence Solum

Robert F. Alleman and Jason Mazzone (Brooklyn Law School and Brooklyn Law School) have posted The Case for Returning Politicians to the Supreme Court (Hastings L.J., 61, p., 1353, 2010) on SSRN. Here is the 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.

Full post as published by Legal Theory Blog on September 29, 2010 (boomark / email).