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Making the Court Come to Life: Developing Effective Judicial Politics Simulations
Unformatted Document Text:  court of general jurisdiction through a primary election, it may, as Justice O’Connor aptly notes, have a problem with judicial impartiality; however, this system, by distancing itself from the voters at this stage of the process, serves to strengthen judicial independence. Justice Scalia, writing for the majority in White, writes that judicial independence is legitimate state interest; thus, the state has the authority to regulate elections with this interest in mind. 51 In her dissenting opinion in White, Justice Ginsberg aptly summarizes the divide between judicial and other elections. She writes: “Whether state or federal, elected or appointed, judges perform a function fundamentally different from that of the people's elected representatives. Legislative and executive officials act on behalf of the voters who placed them in office; ‘judge[s] represen[t] the Law.’” 52 In sum, the United States Supreme Court is respectfully asked to grant certiorari on this question to clarify the distinction between judicial elections and elections for populist branches of government. After first examining the Bullock test to determine its application, if any, to judicial elections, the Court can then turn its attention to clarify the extent of freedoms guaranteed to citizens by the First Amendment and their application to judicial elections. 2. Is New York’s system of conventions to choose judicial candidates invalid because it imposes severe burdens on "insurgent candidates" opportunities to participate in the candidate-selection process of the party of their choice? The Second Circuit outlines the rights of the First Amendment in relation to the states to say that “…a state possesses significant power to structure its own elections.” 53 The state of New York has structured its elections for Supreme Court justices as a combination of a primary 51 Id at 777. 52 Id at 803. 53 462 F.3d 161 at 788

Authors: Caufield, Rachel.
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court of general jurisdiction through a primary election, it may, as Justice O’Connor aptly notes,
have a problem with judicial impartiality; however, this system, by distancing itself from the
voters at this stage of the process, serves to strengthen judicial independence. Justice Scalia,
writing for the majority in White, writes that judicial independence is legitimate state interest;
thus, the state has the authority to regulate elections with this interest in mind.
In her dissenting
opinion in White, Justice Ginsberg aptly summarizes the divide between judicial and other
elections. She writes: “Whether state or federal, elected or appointed, judges perform a function
fundamentally different from that of the people's elected representatives. Legislative and
executive officials act on behalf of the voters who placed them in office; ‘judge[s] represen[t] the
In sum, the United States Supreme Court is respectfully asked to grant certiorari on this
question to clarify the distinction between judicial elections and elections for populist branches
of government. After first examining the Bullock test to determine its application, if any, to
judicial elections, the Court can then turn its attention to clarify the extent of freedoms
guaranteed to citizens by the First Amendment and their application to judicial elections.
2. Is New York’s system of conventions to choose judicial candidates invalid because it
imposes severe burdens on "insurgent candidates" opportunities to participate in
the candidate-selection process of the party of their choice?
The Second Circuit outlines the rights of the First Amendment in relation to the states to say
that “…a state possesses significant power to structure its own elections.”
The state of New
York has structured its elections for Supreme Court justices as a combination of a primary
51
Id at 777.
52
Id at 803.
53
462 F.3d 161 at 788


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