A Mild Dissent on How We Discuss Dissents
In considering the value of dissents, we should focus on substantive contributions to constitutional analysis and not just celebrate that our system allows them.
In considering the value of dissents, we should focus on substantive contributions to constitutional analysis and not just celebrate that our system allows them.
Predictable turnover on the high court would improve its stability and accountability, and the justices would still be safe from political retaliation.
An assessment of nine polls shows a general public demand for changes to the appointment process and justices’ tenure.
Australians voted decades ago to require High Court judges to retire at age 70.
A fixed schedule for appointments would reduce political manipulation and make the Court more representative.
Term limits are good policy and can be implemented by statute, a former federal appeals court judge explains.