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If what you're saying is true (and I maintain that it's not), then what happens to our claims of judicial impartiality in evaluating election fraud claims? Not
by btilly 6y ago
If what you're saying is true (and I maintain that it's not), then what happens to our claims of judicial impartiality in evaluating election fraud claims?
Nothing, you just have to use the right arguments.
You don't need to argue that judges are unbiased. You need to argue that judges have uniformly concluded that there is no merit to Trump's arguments, EVEN WHEN those judges should be expected to have a Republican bias.
That said, what do I believe to be true?
Judges, being human, cannot avoid having biases. But historically both parties have believed in selecting judges who do their best to be objectively neutral while having beliefs about the law that slant their decisions towards the party. The result has been fairly neutral and fair.
However our growing polarization has lead to an acceptance of picking more openly biased judges. This is leading to an increased strain on our justice system. Particularly with recent appointees in lower level courts, you cannot expect the judge to be fair. This is much less of an issue with more senior judges because they were first appointed a long time ago when norms about objectivity were stronger.
And yes, I worry about the future implied by our continuing increase in bias. Right now a significant fraction of the country believes lies about a stolen election. They will someday come back into political power. When they do, armed with the belief that elections are stolen, they will more openly try to steal them back.
Over history, a number of countries created constitutions modeled on ours. The usual end for those countries was increased polarization leading to a breakdown in government, and eventually a declaration of martial law by the President, transforming it into a dictatorship. Nothing prevents what has happened elsewhere, happening here. Our democracy held together this time, but it is eroding. We should be very concerned with the current trend.