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The Different Complaints about Judicial Politics

A solid case can be made that judges should not be picked in elections because forcing them to become candidates, and to campaign, taxes confidence in the courts. But many judges are picked by election...

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A Minor Measure with Major Benefits before the Supreme Court?

The Supreme Court will decide soon whether states can bar judicial candidates from directly and personally soliciting contributions to their campaigns. The stakes are high; the stakes are also low....

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Intuition and Polling in The Case for Prohibiting Personal Fundraising by...

As the Supreme Court prepares to hear argument on the challenged ban on personal fundraising by judicial candidates, writers arguing for the preservation of this prohibition continue to make their...

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Judicial Campaign Finance: Fresh Thinking in the Ninth Circuit

The Ninth Circuit yesterday issued a decision on judicial campaign finance, Wolfson v. Concannon, controlled by and very much in the spirit of Williams-Yulee. Arizona may prohibit a judicial candidate...

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The Question of Intensity: Campaign Finance and the Ginsburg Controversy

Professor Erwin Chemerinsky, Dean of the UC Irvine School of Law,  has maintained a lively defense of Justice Ginsburg’s comments critical of Donald Trump, writing first in the New York Times and then...

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