Federal courts are the arbiters not only of disputes between citizens, but also of disputes between citizens and their government, as well as disputes between the branches of government. Should either Republicans or Democrats manage to stack the courts to lean in their direction, we are all in deep trouble. Yet that has become the game. Why Federal Judges Are Political Presidential candidates of both parties pledge to appoint federal judges, from the lowest to highest courts, whose views reflect the candidates' own political philosophy. When elected, the candidates must do their best to deliver.
Judicial independence starts fading with the highly partisan selection process.
Presidents select judges who will conspicuously represent their philosophy. Often the chosen jurist is a candidate more noted for his political activism than legal skills, resulting in political hacks from both parties finding seats on the bench. Moreover, notwithstanding life tenure, by the time a man or woman is appointed to the bench they are typically set in their ways. While there are exceptions, the political affiliation of a judge often determines how he or she will rule from the bench. Federal Judgeships Have Changed A federal judgeship is not what it used to be, despite pretenses to the contrary.