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Monday, September 12, 2005

The Governmentality Crisis and the Judiciary

A brief addendum on the governmentality crisis. Maybe the reason is because I live in the legal workd, but my sense of the universe is that while numerous proposals are being floated to change the way the federal judiciary is staffed, very few are being floated to change the way other governing institutions are staffed. Yet, it seems to be that in terms of competence, federal justices are light years ahead of other governing officials. John Roberts is not my favorite human being in the world and I would probably vote against his nomination on ideological grounds (assuming I thought I could get a better nominee by doing so), but there is no doubt in my mind that he would be a competent justice. If others share this sentiment, might we first worry about fixing problems in other branches of government before urging reforms that will make the judiciary more like those branches of government that do not seem to be functioning very well.

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