The Only Way to Fix the Federal Courts’ Fundamental Flaw

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The Only Way to Fix the Federal Courts’ Fundamental Flaw
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The entire American legal system, and the supposed democracy it claims to uphold, was founded on a myth.

over Justice Ruth Bader Ginsburg’s death and replacement prior to the 2020 presidential election reflects the degree of influence that a single court of nine unelected judges exercises over American life and death. Now, as Justice Stephen Breyer prepares to retire and Ketanji Brown Jackson waits to assume her seat on what will remain an overwhelmingly conservative court, a troubling reality is again both incredibly obvious and intensely repressed.

Political impartiality and personal disinterestedness are key to the official function of a judge in the American legal system. These values are the basis of legal ethics and the legal system’s claims to legitimacy. Judges themselves repeatedly affirm, and in fact this affirmation is afor assuming a federal judicial position, an exceptional capacity to detach the way that they interpret and judge from all political investments, partisan loyalties, public opinions, and personal concerns.

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