Of course, in the states, about half the states elect their judges, and that's an even more direct involvement with politics. But I think it's not the same as the elections of many other candidates. People who run for the judiciary, I think are pretty careful to indicate that they will adhere to the rule of law.
Martha MinowDeanell Tacha and I decided to write an editorial, because both of us have had experiences in countries where the rule of law is not strong. Uh, where there is civil war. Where there is disorder. And, it, it seemed to us important to underscore that this is a treasure, our rule of law, our judiciary independent from politics, and it's in jeopardy.
Martha MinowOf course, in the states, about half the states elect their judges, and that's an even more direct involvement with politics. But I think it's not the same as the elections of many other candidates. People who run for the judiciary, I think are pretty careful to indicate that they will adhere to the rule of law.
Martha MinowI understand the politics of the situation, I think that many Republican members of the senate believe that,get out the vote move. They can indicate that they're strong for their base. But the Constitution's pretty clear. The president Donald Trump has to nominate someone. The senate can choose to disapprove. There's nothing in their Constitution that says the grounds upon which they must vote. But to refuse even to meet with the individual, or to have the process go forward, that's just pure politics.
Martha MinowIn the era of modern technology, people could just vote on their phones for who they want to be judges. We could amend all of the ways in which we select our leaders, with the advent of modern technology. We haven't done so. It's actually served us fairly well. Ours is the longest enduring constitutional, written constitution in the world. At the moment, I think it's strained. It's showing the strains of politics and a frustration.
Martha MinowI have to be honest and say members of both political parties have contributed to de-legitimization of the process. Even President Barack Obama when he was a senator, contributed to it, in the sense of voting against a well-qualified individual because he disagreed with the view. Again, that's the prerogative of the senators. They're allowed to express their views on any basis.
Martha MinowThat's a really sad moment. When people in a democracy are afraid of having the conversation, because it might actually lead to a conclusion they don't like, as opposed to saying, let's have the conversation, and let's learn, and, you know, let's, let me try to persuade you, and if I'm not persuading you, then you try to persuade me. That's what we hope for.
Martha Minow