Tuesday, July 26, 2011

silver linings

because the federal courts are generally considered to be more prestigious, there is a chronic drain of talent from the state court system. that's why a lot of state court judges don't have a great reputation. the assumption is if they were really good they would probably be nominated to the federal bench. that bad reputation often extends all the way to the highest court in some states. while some state supreme courts have built a reputation for professionalism, most seem to be filled with washed up politicians who were nominated because the party machine needed somewhere to put them after they could no longer win elections.

anyway, thanks to a dysfunctional congress that is unable to confirm clearly qualified judicial appointees, i wonder if state courts will start improving by picking up the casualties of our broken federal confirmation process.