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Who is to Judge?The Perennial Debate Over Whether to Elect or Appoint America's Judges$
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Charles Gardner Geyh

Print publication date: 2019

Print ISBN-13: 9780190887148

Published to Oxford Scholarship Online: March 2019

DOI: 10.1093/oso/9780190887148.001.0001

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(p.1) 1 Introduction
Who is to Judge?

Charles Gardner Geyh

Oxford University Press

Chapter 1 introduces the long-standing debate over how best to select judges in the United States and summarizes the positions of the disputants to the end of exposing the interminable and seemingly unresolvable nature of that debate. When a court issues a decision that at least some of the population finds objectionable, the fate of its judges may depend on whether they are appointed or elected. To illustrate, the chapter contrasts the lack of impact on the U.S. Supreme Court justices from any backlash in their upholding same-sex marriage in Obergefell v. Hodges versus the failure in retention elections of Iowa Supreme Court justices following their upholding same-sex marriage in Varnum v. Brien.

Keywords:   judicial elections, judicial appointments, merit selection, judicial independence, judicial accountability

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