The Judicial Process

The Judicial Process and the Courts
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In an article entitled State Courts, The U.S. Supreme Court, and the Protection of Civil Liberties, 40 Law & Socy Rev. 845, 847, 859 (2006),  Robert M. Howard et al., set forth the concept of elected judges being more susceptible to public opinion in terms of criminal justice issues in the context of a study claiming that state high court justices use the state grounds doctrine only when there is a favorable political and legal context within their state. Do you think, as the authors proposed, that we should be concerned that a President might be able to shape the development of constitutional doctrine by taking advantage of the likelihood that the Supreme Court will tend to oblige the dominant political party of the times (Howard et al. article, p. 490)? Why or why not?

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