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10/28/2005

Why Judges Aren't Smarter by John R. Lott Jr

Why have high-quality judicial nominees become so difficult to confirm? I think it's because those who oppose a smart candidate's political views worry that once on the bench the smart judge will write influential opinions or even sway other judges.

Lengthy confirmation battles with high rejection rates discourage Presidents from nominating the very best and brightest and, perhaps just as important, discourage the very best from accepting nominations.

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