Fitzpatrick, Brian. “The Politics of Merit Selection,” 74 Mo. L. Rev. 675 (2009).(SSRN)

December 20, 2011

This article uses data on merit selection in two states to support the conclusion that, because lawyers tend to be more liberal, bar associations will nominate more liberal judges than would members of the general public or elected officials.

  • Judicial Election

    Judges are elected by popular vote.

  • Democratic Appointment

    Judges are appointed directly by a democratic body, or appointed by the governor with the advice and consent of some democratic body.