Caperton and Boundary-Enforcing Justices Part II: How Vague Law Can Create Stable Outcomes
Fair Courts E-lert

Date of E-Lert – 06/30/09

Bibliographic Info:
Author: Rick Pildes
Source: Balkanization
Date: 6/25/2009

In a post at Balkanization, Rick Pildes argues that though Justice Kennedy's opinion in Caperton v. Massey responded to a set of extreme circumstances, the decision is hardly as limited as skeptics contend.  Rather, it leaves room for state legislatures and other bodies to pursue reform in the areas of judicial recusal and certain aspects of the campaign finance arena.  Responding to those who doubt Caperton's utility, he cautions that "the question is not what a Supreme Court text says as text, it is how other actors will internalize and respond to the decision."  

Tags: Defending Judicial Independence, Judicial Appointments in the States, Judicial Discretion, Judicial Reform, State Judicial Elections