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Ms. Toad

(38,825 posts)
2. By and large, justices tend to grow more liberal in the role,
Wed Oct 4, 2017, 12:21 PM
Oct 2017

once removed from the need to tailor decisions to maintain employment.

It is extremely unpopular, for example, to deny states the right to execute their citizens - decisions limiting the use of the death penalty might never be written. If decisions have to be popular to whoever is authorized to remove you from office (voters, or a specific person), they tend to be written to please that person. Liberal decisions, by and large, tend to be less popular to those with the loudest voices.

If there is a term limit, then the court loses its institutional memory - and becomes extremely unpredictable. Even when decisions are bad, not swinging wildly from one side to the other (e.g. like the congress swings from implementing the ACA to trying to trash it - with no middle ground) is good.

As to the electoral college - I completely agree.

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