Partisan Judges

This article argues that both Republicans and Democrats should look for judges who have intellectual humility and an ability to work with others—even as both parties also look for judges who are generally likely to advance positions favored by them. Part I explores the divergence between the public’s perception that the political views of judges matter and the insistence by most judges that they do not. Ample evidence supports the public’s view, and for judges to be trusted authorities, they should admit this truth. Part II suggests that even after recognizing that political views matter, both political parties (and others choosing judges) should look for judges with intellectual humility. Doing so would help to achieve procedural-justice goals, which are critical to public acceptance of court decisions and perceptions of court legitimacy. Doing so would also provide better substantive judicial decisions by more use of reflective thinking, more cooperative group decision-making, and better judicial administration.