A term limit might prompt activist judges to rush to make their mark on history. Anxious about reappointment, judges might tack their decisions to the prevailing political winds as the expiration of their terms grew near. Finding the right balance between judicial independence and judicial accountability is difficult. But there is a way. It's called shame.
Shame is one of the most underutilized checks on a runaway judiciary.
After being publicly denounced by both President Clinton and Senator Dole, the judge hastily reversed himself. The same can be said when a federal judge strikes down a popularly enacted ballot initiative using half-baked constitutional analysis. Elected officials at all levels of government have an obligation to speak out when a judge crosses the line. Too often today lower federal court decisions are issued without much public notice. They are tucked away in court reports, inaccessible to the public.