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Dubious Soldiers In A Good Cause

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In Uncategorized
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On March 3, 2009
While as most if you know I certainly agree with David RePass's general hostility to the filibuster, some of his specific arguments here are problematic. His conclusion -- that the solution to the problem of adding yet another onerous supermajority requirement to a constitutional order...

Judicial Term Limits and Judicial Independence

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In Uncategorized
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On February 12, 2009
For one last go-round, I'll respond to a couple of the creative attempts in comments to justify essentially indefensible life tenure for judges. Essentially, all of these arguments are "largely speculative effects that would be trivial even if they existed with no attempt to balance...

For Judicial Term Limits

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On February 10, 2009

Sandy Levinson makes the argument again. Before I get to some potential objections, I think a couple points should be emphasized. First, it's abundantly clear that life tenure is in.

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