Another litmus test evaluates judicial nominees in accordance with their views about capital punishment. The use of litmus tests thus politicizes the process of selecting judges who are supposed to be neutral when deciding cases. Judicial independence is the freedom of judges to act as principled decision-makers, approaching the facts of each case with an open mind and unclouded judgment. When truly independent, judges are not influenced by personal interests or relationships, the identity or status of the parties to a case, or external economic or political pressures. Achieving this ideal requires a combination of individual character and societal practices that encourage courts to decide each case purely on its merits.
Litmus tests impede judicial independence and undermine our ability to select the best judges.
Judging is a difficult job. It demands keen intellectual acumen and an unswerving commitment to justice, fairness, and human dignity. Judging is also an extremely important job. We rely on judges to solve our disputes and to protect our hard-won liberties. Our judicial selection procedures should therefore be designed to identify candidates of the very highest caliber and to safeguard their independence of judgment.